The Labour Court increased Mariusz Witkowski’s unfair dismissal compensation from €5,000 to €5,400 after finding that he had been dismissed and that the dismissal was unfair. The determination, signed on 12 September 2023, followed an appeal by his employer, Parkboro Developments Ltd T/A Park Engineering. The Court varied the adjudication officer’s decision.
Mr Witkowski said the owner told him to leave after a workplace disagreement; the company said he walked off and was not dismissed. The Court found the company had not clarified directly that his job remained available, and that his departure could reasonably lead him to believe he had been dismissed. It rejected the company’s argument that his conduct justified dismissal.
Mr Witkowski found another job after 14 weeks. The Court noted that no documentary evidence of job applications during that period was provided and said a deduction from his financial loss was necessary. It awarded €5,400, approximately 10 weeks’ pay. The separate redundancy complaint had been found not well founded at first instance and was not pursued on appeal.