Our third unfair dismissal case involved a computer engineer based in Ireland but controlled by the employer from the USA. After one or two issues regarding time off and a telephone conversation between the employee and employer, the employer arrived in Ireland the next day and had a conversation about the claimant's performance. The claimant resigned, said he would work his notice, then recinded that decision and left that day.Â
The EAT was split on this case. One of the panel thought the claimant had not shown enough of a fundamental breach of contract to justify resignation and a subsequent claim of constructive dismissal. The majority, however, found in favour of the claimant. They were not impressed by the fact that the employer came from New York without informing the claimant and gave him insufficient to prepare for the meeting. Further, they found that, "Although the absence of a written contract or grievance procedure may not constitute a breach the majority were of opinion that in this case the absence of a contract and grievance procedure was fundamental as the employer, NP, was based in the United States of America."
http://www.workplacerelations.ie/en/Cases/2013/October/UD1146_2011_WT467_2011.htmlÂ
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