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WRC awards pastry chef €6,240 for constructive dismissal

By Eimear Byrne

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission awarded Shauna Kelly €6,240 for constructive unfair dismissal, €2,340 over missing written employment terms and €1,260 for unpaid accrued leave. Adjudication Officer Hugh Lonsdale’s decision was dated 11 February 2025.

Kelly alleged that the head chef made derogatory and sexual remarks and created a hostile kitchen environment. Duduk Ltd t/a Mani Restaurant said she left voluntarily and denied knowing about the alleged conduct. The officer accepted Kelly’s account and found the employer’s conduct unreasonable and that she had no effective grievance recourse.

The WRC also upheld her complaint that she had not received written terms. Her Equal Status complaint was outside its jurisdiction because she was an employee, while her Employment Equality complaint was not well founded because she had not shown different treatment based on gender.

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