Complainant

Respondent

Parties

Dawid  Jasnoch

Hearthill Interiors Ltd

Representatives

Denise O’Donovan, Solicitor, Vincent Toher & Co

 Vincent Linnane, Director

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00066875-001

22/10/2024

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant and two witnesses for the respondent undertook to give their evidence under affirmation.  The hearings took place with the assistance of an interpreter provided by the WRC.

At the initial hearing the complainant indicated that he had a legal representative but was instructed to come to the hearing in order to get an adjournment.  In all the circumstances of the case, the matter was adjourned to another day in order that the complainant was not prejudiced by the lack of his representative on the day.

In the initial complaint form submitted by the complainant, he submitted in writing that he was unfairly dismissed by the respondent on 10 January 2024. 

At the second day of hearing, following the respondents overview of its case, the complainant’s representative indicated that this was not a case of unfair dismissal but was a complaint of constructive unfair dismissal.  She stated that the date of resignation was 8 January 2025.

In response to a direct question from the Adjudication Officer the complainant confirmed that he was not fired by the respondent, that he had not given his resignation either verbally or in writing and that he still believed that he was an employee.

The respondent gave an outline of their case noting that the complainant was not dismissed and was not taken off the payroll.  It was noted that he had been off on sick certificates but that there was a six-month period when he did not turn up for work which was not covered by medical certificates.

The complainant initially made a complaint of unfair dismissal in writing to the WRC on 22 October 2024 indicating that he had been unfairly dismissed on 10 January 2024.  The respondent indicated that no dismissal took place.  The complainant’s representative then submitted that the complaint was one of constructive unfair dismissal.  She stated that this took place in or about 8 January 2025 when the complainant started working for an alternative employer.

The complainant confirmed under affirmation and with the assistance of an interpreter that he was not fired, that he did not resign, wither verbally or in writing, and that he considered that he was still an employee of the respondent.

In the circumstances, I find that there is no evidence that a dismissal took place, constructive or otherwise. The complainant has not demonstrated that he was dismissed, unfairly or otherwise.  Accordingly I find that the provisions of the Unfair Dismissals Act have not been contravened

Having regard to all the written and oral information presented in relation to this complaint, my decision is that a dismissal, constructive or otherwise, has not been established and the provisions have not been Act contravened.

Unfair Dismissals Act – no dismissal established – no constructive dismissal established.