WRC Awards €3,700 Following Constructive Dismissal and Breaches of Working Time and Terms of Employment Legislation

ADJ-00057280

A recent decision of the Workplace Relations Commission (WRC) has resulted in an award of €3,700 to a former deli assistant who was found to have been constructively dismissed, while also succeeding in claims under the Organisation of Working Time Act and the Terms of Employment (Information) Act.

Background

The Complainant commenced employment in October 2023 as a deli assistant on a part-time basis, earning approximately €200 per week. While she initially worked full-time hours, she later transitioned to part-time work to accommodate her college studies.

Issues arose in October 2024 when management instructed the Complainant to take her breaks in a public seating area rather than her usual location. The purpose of this instruction was to ensure she remained available to assist during busy periods.

Shortly thereafter, the Complainant was issued with a formal written warning for allegedly failing to follow this instruction.

The Complainant raised concerns regarding both the fairness of the disciplinary process and her statutory entitlement to uninterrupted rest breaks. She submitted these concerns verbally and in writing, including a formal “right to reply” communication.

Despite this, the Respondent did not substantively engage with her concerns.

The Complainant subsequently experienced a significant reduction in her working hours and ultimately resigned in December 2024, claiming she had no reasonable alternative.

The Complaint

The Complainant brought three claims to the WRC:

• Constructive dismissal under the Unfair Dismissals Acts.
• Failure to provide updated terms of employment.
• Breach of statutory rest break entitlements.

She argued that the disciplinary process was fundamentally flawed, that she was denied fair procedures, and that she was effectively required to remain available during her breaks in breach of legislation.

The Respondent’s Position

The Respondent denied all claims.

They argued that:

The Complainant resigned voluntarily. She failed to utilise the formal grievance procedure before resigning.  The disciplinary process was appropriate. Breaks were provided in line with statutory requirements. A valid contract of employment had been issued.

Findings of the WRC

Constructive Dismissal

The Adjudication Officer found significant procedural failings in the disciplinary process, those being, the Complainant:

• Was not invited to a formal investigation meeting.
• Was not given an opportunity to respond before the warning was issued.
• Was denied fair process and natural justice.

In addition, the Respondent’s requirement that the Complainant remain available during her breaks was found to be contrary to the Organisation of Working Time Act, which requires that rest breaks be uninterrupted.

Importantly, the WRC noted that the Complainant raised her concerns on multiple occasions, both verbally and in writing. Despite this, the Respondent failed to meaningfully address or resolve the issues.

Taking these factors together, the Adjudication Officer found that the Respondent’s conduct undermined the relationship of trust and confidence to such an extent that the Complainant was entitled to resign.

The claim of constructive dismissal was therefore upheld.

Award: €3,000

Terms of Employment

The WRC found that the Respondent failed to provide an updated written statement of terms following the Complainant’s transition from full-time to part-time hours.

This was held to be a breach of the Terms of Employment (Information) Act.

Award: €200

Organisation of Working Time Act

The Adjudication Officer found that the Respondent’s practice of requiring the Complainant to remain available during her breaks was inconsistent with statutory rest break requirements.

Employees are entitled to uninterrupted rest periods, and any expectation to return to work during these breaks undermines that entitlement.

Award: €500

Key Takeaways for Employers

This case highlights several important considerations for employers:

• Rest breaks must be uninterrupted: Employees cannot be required to remain “on call” during statutory breaks.
• Disciplinary procedures must be fair: Employees must be informed of allegations, given an opportunity to respond, and allowed representation where appropriate.
• Engage with employee complaints: Failure to address grievances can significantly increase legal risk.
• Keep contracts up to date: Any material change to working hours or terms must be reflected in updated written documentation.
• Constructive dismissal risk is real: Even where an employee resigns, failures in process and engagement can lead to successful claims.

If you require help navigating a disciplinary matter or require representation at the WRC please do not hesitate to contact MSS The HR People. Phone: 018870690, Email: info@mssthehrpeople.ie, visit our website