The case surrounds a constructive dismissal claim. The claimant was a qualified accountant who advised the directors of the respondent company on the set up of a company manufacturing waste compactors. Following this, the claimant joined the company as financial controller. A second company was later set up in which the claimant owned one share and one of the directors owned another share. 

With the economic downtown the company began to decline swiftly, to such an extent that the company suffered a significant loss in 2009 of €261,000. As a director of the respondent company the claimant was personally liable if the company was insolvent and continued to trade recklessly. The claimant submitted this to the respondent at a