This case concerned the unfair constructive dismissal of a driver who worked for the respondent company for over six years (although it's not entirely clear from the decision when it was that the employee resigned). The claimant alleged that in 2012 his employment with the respondent ended without the oral or written notice that is required. At one point the keys to the claimant's truck had been removed from their normal location and hidden by the employer and the claimant’s solicitor wrote to the respondent claiming that the claimant had been suspended without notice. The claimant’s solicitor argued this had not been explained to his client and also how the claimant had been replaced in his job by a younger man. It was this issue which the claimant raised to deny the slow downturn that the respondent pinpointed as the reason for the lack of work for the claimant. 

The respondent's solicitor wrote in response to this noting that the claimant’s employment had not been terminated but that, due to the downturn in the economy, there had been a lack of work for the claimant but that work should return as normal with the retirement of another driver in early 2013.

The respondent said how the claimant had been offered work in the factory during this downturn. The claimant accepted this had been the case but said the respondent’s principal had offered the claimant this work on the same rate for driving but JH (who ran the factory work) told the claimant that he would receive a reduction in his hourly rate. 

The tribunal noted the high threshold which has to be met by the claimant in order to consider his employment at an end. It held that the claimant had been unfairly dismissed. The tribunal considered both the actions of the respondent and the claimant’s contribution and awarded the claimant compensation of €8,000.00.

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