Darren O’Kane v ABM Ireland Limited [2026]
Decision Number: ADJ-00059922 Legal Body: Workplace Relations Commission
Published on: 01/10/2026
Article Authors The main content of this article was provided by the following authors.
Patrick Barrett BL Barrister-at-Law
Patrick Barrett BL Barrister-at-Law
Patrick barrett case reviews

The Bar of Ireland

Orchard Way, Killarney V93Y9W9.
DX: 51010 Killarney 
Tel: (087) 4361270

Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service.  He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.

Complainant:
Darren O’Kane
Respondent:
ABM Ireland Limited
Summary

Refusal to engage internally defeated constructive dismissal claim.

Background

The Complainant alleged that he had been constructively dismissed after being left without work following knee surgery. He stated that he commenced employment as a general operative in June 2024 and had notified management beforehand of his injury, operation and anticipated absence. He maintained that he kept management informed about his recovery but was subsequently told that another person had replaced him. His wife corroborated his account of a January telephone call during which his manager used expletives and said his position had been filled. He claimed that no work was offered following his recovery and that the situation damaged his mental health. He resigned in June 2025, with employment

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 01/10/2026
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