Labour Court overturns €15,000 unfair dismissal award against Tesco

The Labour Court overturned a €15,000 unfair dismissal award to Frank O’Dwyer after Tesco Ireland’s appeal succeeded. In a determination dated 22 May 2023, the Court found that O’Dwyer was not constructively dismissed when he resigned and set aside the Adjudication Officer’s decision and award. O’Dwyer said workplace bullying and the handling of his grievance led him to resign. Tesco disputed that a dismissal had taken place and said it had completed its grievance process and offered mediation. The Court noted that O’Dwyer did not take up the mediation offered under Tesco’s procedure.