The Labour Court upheld the rejection of chef Mickael Jego’s constructive dismissal complaint against Compass Catering Services Ireland Limited. Its determination was signed on 31 August 2021.
Jego said he resigned because he felt unfairly blamed for allergen safety problems, had not received requested retraining and feared possible prosecution. Compass said an audit found major non-conformances, leading to a disciplinary process and a final written warning that was reduced to a first-level warning on appeal.
The Court found no evidence that Compass had breached Jego’s contract. It noted that he resigned before his disciplinary appeal concluded, and that the company investigated his concerns after he left and asked him to reconsider his resignation. The Court acknowledged that Jego was upset and felt unfairly blamed, but found the company’s actions did not leave him with no reasonable choice but to resign. It did not uphold the complaint and affirmed the adjudication officer’s decision.