Complainant

Respondent

Parties

Krzysztof  Bonarek

Sean Doyle Windows Ltd

Representatives

Darach McNamara BL E.M. O'Hanrahan Solicitors

 Killian McGovern BL Crushell & Co Solicitors

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00073729-001

24/07/2025

The Complainant is employed with the Respondent since 1st February 2023.

The Complainant is a door serviceman Technician.

On 28th November 2024, the Complainant “ceased employment” with the Respondent.

The Complainant says the Employer has purported to lay-off the employee unlawfully and in breach of his contract of employment as there was no clause entitling lay-off or circumstances allowing lay off. The Complainant did not consent to the lay-off. As the Employee has not been dismissed nor laid-off, he is entitled to payment of wages of 800 euro gross per week from 22nd November 2024 until 24/07/25 of€26,400 gross.

The Respondent is a window supplier dedicated to delivering quality, reliability and skilled craftsmanship across the country.

The Complainant commenced employment as a Door Service Technician on 1st February 2023. His employment was terminated on 22nd November 2024.

The Respondent says the complaints are frivolous or vexatious and are legally misconceived. The Respondent had a number of complaints regarding the performance, professionalism and demeanour of the Complainant. An incident arose on 21st November 2024 which led to the Complainant exiting the organisation when a heated discussion transpired between the Complainant and Sean Doyle Jnr, and it was agreed by both that the Complainant’s role was no longer viable. The Complainant was dismissed by the Respondent for performance related issues on 21st November 2024. The Respondent had arranged for brake pads to be replaced on the company van on 22nd November 2024 at a local garage in Athlone.

The Complainant expressed a preference to arrange for the repair closer to his house. A number of customer appointments were scheduled for that day and customers called to complain that no service technician attended as arranged. The Complainant failed to make contact with the company in accordance with his contractual obligations. Despite five attempted phone calls and a text message from Mr. Doyle Jnr no response was received. The Complainant remained at home and did not communicate with the company.

When Mr. Doyle contacted the garage directly, he was informed the repair cost would be approximately 1,300 euro and it would take a full day to complete. None of this information had been provided to management.

On 28th November 2024, Mr. Doyle informed the Complainant that due to the loss of a number of contracts, there would be insufficient work for three Service Technicians. Only two positions remained viable. As the Complainant was the most recent appointee and given the concerns around his reliability, he was informed his employment would be terminated with immediate effect.

The Complainant agreed to an immediate termination of employment on condition he was provided with a reference, which was then provided. There is no right to a claim under the Payment of Wages Act 1991. The legal strategy is misconceived and is an attempt to artificially inflate the value to a potential claim by erroneously inferring the Complainant was on lay-off when all other evidence indicates otherwise.

The Respondent relies on the decision in Nowak v Data Protection Commissioner when Birmingham J states “frivolous, in this context does not mean only foolish or silly but rather a complaint that was futile, or misconceived or hopeless in the sense that it was incapable of achieving the desired outcome” and Goode Concrete v CRH plc stating the Plaintiff’s right to access the Courts is not absolute in order to prevent injustice to a Defendant.

I heard and considered carefully the submissions and evidence of the witnesses at the hearing.

The Complainant’s representatives clarified at the hearing that the Payment of Wages complaints coverr the period 22nd November 2024 until 1st March 2025. This is a duplication of CA-00070968-002.

This complaint is not well founded.

The complaint is not well founded.