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Labour Court upholds rejection of Niall Homan's constructive dismissal claim

By Ruairí Dolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld the rejection of Niall Homan's constructive unfair dismissal claim against Unique Diary Productions Ltd. Its determination was signed on 9 July 2018, following Homan's appeal.

Homan, who led development of a school diary app, said excessive hours, irregular pay, loans to the company and a demand that he invest €100,000 left him no option but to leave. The company said he had raised no grievance before leaving and had initially accepted an offer of a 20% stake in the app for €100,000, but could not raise the money.

The Court found Homan had not shown a breach of a fundamental contract term or unreasonable conduct by the company. It did not believe his account that he raised a grievance shortly before leaving, and found that his departure without notifying the business was unreasonable. The claim was not well founded.

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