The Labour Court overturned an Adjudication Officer’s decision and awarded Jakub Mikolajczyk €15,000 after finding he was constructively dismissed by T.E. Laboratories Ltd. The determination was signed on 11 June 2019.
Mikolajczyk appealed the finding that he had not been constructively dismissed. He argued that the company’s investigation, disciplinary process and suspension destroyed trust and left him no option but to resign. The company said it followed a fair process, suspended him as a precaution and encouraged him to return to work.
The Court found the company moved from treating Mikolajczyk as a witness to disciplining him without first conducting a disciplinary investigation. It also considered his suspension unusual and noted that a second reason for it had not been put to him. The Court found the company’s actions were so unreasonable that it was reasonable for him to resign. It awarded €15,000 compensation, proceeding cautiously because it had limited evidence quantifying his financial loss.