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No financial loss if employee is unfit to work

Workplace Relations Commission: ADJ-00010883
General Operative v Amusement Company: Section 8 Unfair Dismissal Acts, 1977.

The Complainant commenced employment with the Respondent in December 2011, working 3 days a week. The Complainant’s employment terminated on 27th April 2017 following a meeting in relation to alleged shortfalls in revenue collected by the Complainant for the Respondent.

The Complainant states that he was invited to attend a meeting at the Respondent’s main operations centre and agreed to go even though he was not rostered to work on that day. He claims that two members of management directed him to board a boat with them and another person and then went out to sea for a considerable distance. He was accused of stealing money from the Respondent and verbally abused for 40 minutes. When they returned to shore, the Complainant was brought to an office where he was forced to sign a letter of resignation. The Respondent submitted that, when asked about the monetary discrepancies, the Complainant refused to discuss the matter and stated that he wished to resign, as the Company had no trust in him.

It was acknowledged by the Adjudicator that there was a major conflict of evidence as to whether the complainant resigned voluntarily or was forced to sign a resignation letter. After considering the evidence, the Adjudicator decided, on the balance of probabilities, that the resignation of the Complainant was brought about by duress due to the actions of the Respondent. The Adjudicator stated the purpose of the boat exercise was to frighten the Complainant and to get him to resign.

The Adjudicator held that the Complainant was constructively dismissed and his termination of employment was an unfair dismissal. The Complainant gave evidence that he was certified as being unfit for work since the time of the termination of his employment and was in receipt of disability payments from Social Welfare. Due to the Complainant being unable to work, he was deemed to not have suffered any financial loss. Consequently, the Adjudicator ordered the Respondent to pay the Complainant €889.60 as compensation.


For any queries, please contact Anne O’Connell Solicitors at info@aocsolicitor.ie or +353 1 2903580
30th August 2017

Anne O’Connell
1-3 Burton Hall Road
Dublin 18

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