The Labour Court increased compensation from €2,000 to €13,000 after finding that Robertas Gailius was constructively and unfairly dismissed by Barry O’Hea trading as O’Hea Landscaping. The determination was signed on 13 December 2016.
Gailius worked for O’Hea from October 2014 until February 2016. His agreed pay was €10.50 an hour for 40 hours a week. The Court found that O’Hea repeatedly failed to pay wages properly due, sometimes paying nothing, despite acknowledging the underpayment. Gailius said he had no option but to leave after going months without salary; O’Hea said the business was in financial difficulty.
The Court found the prolonged failure to pay wages undermined a basic term of the employment relationship and made it reasonable for Gailius to end his employment. It found he had been constructively dismissed and awarded €13,000 compensation, varying the Adjudication Officer’s decision.