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Labour Court sets aside €3,000 constructive dismissal award to Daniel Comanescu

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court set aside a €3,000 award to Daniel Comanescu after finding his constructive dismissal complaint against Iasc Sliogagh Dun Garbhain Teoranta Dungarvan Shellfish was not well founded. The Court dated its determination 15 December 2017. Comanescu said he and his wife were assigned canteen and toilet cleaning more often than other staff, and that management ignored him after he raised concerns about employment contracts. The employer disputed improper treatment, saying cleaning duties were rotated and contract concerns were addressed. The Court noted that Comanescu knew of the company’s grievance procedure but did not use it or give the employer an opportunity to address his concerns before resigning. It found the employer’s conduct did not justify constructive dismissal.

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