LCR23201

PARTIES:

DIVISION:

SUBJECT:

Referral under Section 20(1) of the Industrial Relations Act 1969

BACKGROUND:

The Worker referred this case to the Labour Court on 6 May 2025 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation.

A Labour Court hearing took place on 12 December 2025

RECOMMENDATION:

Background to the Dispute

The Worker was employed by Smart Horizon Limited (‘the Company’), part of the Wright Group, from 22 August 2024 until 4 March 2025. On the latter date, the Worker had an encounter with the Company’s CEO which he interpreted as a dismissal; the Company submits that the Worker unambiguously resigned his employment on that date. The Worker was paid €43,000.00 per annum i.e. €826.92 gross per week.

The Worker, in making the within referral to the Court under section 20(1) of the Industrial Relations Act 1969, seeks compensation for his alleged unfair dismissal, the Company’s failure to apply any disciplinary procedures prior to his alleged dismissal and for “emotional distress and financial hardship caused by the conduct of the Wright Group and its senior management”.

The Worker’s Submission

The Worker submits that his service with the Company, prior to the events of 4 March 2025, had been exemplary. He told the Court that the Company’s CEO had shouted at him on 4 March 2025 and told him to “Get the f*** out of here” when the Worker had refused to accept the CEO’s apology for having shouted at him earlier that day.

The Company’ Submission

The Company accepts that a heated exchange had taken place between the Worker and the CEO on 4 March 2025 but submits that the CEO attempted to apologise to the Worker when they next met later that day and that Worker rejected the apology and told the CEO that he was “gone”.

In support of their submission, the Company relies on an email that the Worker sent to the Company’s Human Resources officer on 4 March 2025. The email contains the following paragraph:

‘Michael then left the room and I went to my van to get the paint to paint the floor and tools and as I walked back in I met Michael at the door of the lobby, and he apologised for raising his voice at me which I replied “it is a bit late for that”, he then said what do you mean by that (sic) which I replied saying I’m gone and he opened the door and said “well here go f*cking now”.’

Recommendation

Having carefully considered the Parties’ written and verbal submissions, the Court finds that, on the balance of probabilities, the Worker resigned his employment on 4 March 2025.

The Company, however, has not sought to dispute the Worker’s characterisation of his employment prior to that date i.e. that his attendance and performance had been exemplary. That being the case, the Court is of the view that the Company ought to have taken steps to attempt to resolve the situation with the Worker and to offer him the opportunity to rescind his resignation which had clearly been proffered in heated circumstances.

Having regard to the foregoing, the Court recommends that the Company pay the Worker the equivalent of four weeks’ gross pay (€3,307.68) in full and final settlement of the within dispute.

The Court so recommends.

	Signed on behalf of the Labour Court
	Alan Haugh
FC	______________________
15 December 2025	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be in writing and addressed to Ms Fiona Corcoran, Court Secretary.