When “AWOL” Isn’t Enough

September 3, 2025

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

Eir’s Mandatory Retirement Age Found to Be Lawful
By Tara Daly November 13, 2025
WRC has upheld Eir’s decision to retire a long serving technician, finding that the company’s mandatory retirement policy was justified and consistently applied.
Chinese Chef Awarded €154,828 for Gross Breaches of his Employment Rights
By Tara Daly November 13, 2025
A recent WRC decision has brought into focus the vulnerability of migrant workers and the serious consequences for employers who fail to comply with employment law.
New Employment Regulation Order (ERO) for Early Years and Childcare
By Tara Daly November 13, 2025
New Employment Regulation Order (ERO) for the Early Learning & Childcare (ELC) sector came into effect on 13 October 2025.
2025 Employment Regulation Order (ERO) for the Contract Cleaning Sector
By Tara Daly November 13, 2025
New Employment Regulation Order (ERO) for the Contract Cleaning sector, which came into effect on 17 October 2025.
The 2026 Minimum Wage Increase — What It Means for Small Businesses and How to Get Ready
By Tara Daly October 22, 2025
The increase to €14.15 per hour will have a noticeable effect on small and medium sized businesses.
WRC Award €22k for Dismissal Regarding Sexually Explicit Texts
By Tara Daly October 14, 2025
A recent Workplace Relations Commission (WRC) ruling has once again reinforced one of the most important principles in employment law.
Thousands of ChatGPT Conversations Available Online
By Tara Daly October 14, 2025
With over 100,000 chats searchable online exposing private info, here's why employers need clear AI policies, training, and safeguards to protect sensitive data.
Budget 2026: What It Means for Employers and SMEs
By Tara Daly October 14, 2025
While there are some positive measures many SMEs will feel extra pressure from wage and pension changes taking effect in 2026.
Auto-Enrolment Update: November 2025 Payroll Deadline
By Tara Daly October 1, 2025
Ireland’s new Auto-Enrolment pension scheme, My Future Fund, is edging closer and the timeline has just shifted again. Employers now need to act sooner than expected
By Tara Daly September 3, 2025
What Employers Need to Know