When “AWOL” Isn’t Enough
WRC Finds Dismissal Unfair When Employer Fails to Engage
Navigating employee absence can be tricky but a recent WRC decision reminds employers that silence isn’t golden.
In the case of Barry Colclough v Grange Mockler Holdings Ltd t/a Lanigan’s Bar, the Workplace Relations Commission ruled that failing to engage with an absent employee, even one deemed AWOL, can amount to unfair dismissal.
What Happened in the Case?
Mr Colclough had worked for the company since March 2013 and was promoted to Head Door Supervisor in early 2016. In September 2023, two new door staff joined, prompting him to feel bullied and sidelined, even though he had been assured of retaining his supervisory role.
He requested two weeks’ leave to reassess his position which was not granted, but management did not follow up or attempt to communicate during that time. The company took the view that this constituted a resignation and terminated his employment? The WRC ultimately found the dismissal unfair, stressing that employers have a responsibility to actively engage and not simply wait for an employee to return or explain themselves.
What This Means for Employers
This case underlines the importance of proactive communication. Employers cannot assume that an unexplained absence equals resignation or grounds for dismissal. Reaching out, checking in, and giving the employee a chance to respond is essential.
It also shows that absence should always be treated seriously, even where it appears to be AWOL. There may be underlying issues at play, and making genuine efforts to engage can prevent escalation.
Finally, clear documentation and a fair process are key. Keeping records of attempts to contact the employee, and showing consistency in approach, not only protects the business but also demonstrates respect for the employee’s rights.
Why This Decision Matters
Irish employers often view “no-show” / “unauthorised” absence as grounds for summary action. However, this case reinforces that absence does not equal resignation. Without fair procedures and active engagement, employers risk costly findings of unfair dismissal.
How MSS The HR People Can Help
Managing employee absence isn’t always straightforward. At MSS, we help Irish businesses by:
- Putting in place fair and compliant absence management processes
- Drafting communication templates and clear procedures
- Supporting managers with return-to-work planning and follow-up
- Providing advice or representation if a dispute arises at the WRC
If you’d like support handling absence or any other HR matter, get in touch with MSS The HR People. We’ll help you manage these situations confidently and compliantly.
MSS The HR People info@mssthehrpeople.ie Ph: 01 8870690
