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Constructive Dismissal and Non Payment of Wages

In this case the Complainant who was a Business Development Manager for a Gin Distillery company had raised concerns for a considerable period of time in respect of non payment of wages and expenses.

The Workplace Relations Commission held that the Respondent or Defendant had a lax view of its contractual requirements with the Complainant and that the Complainant’s issues were raised over several months and years and the Respondent paid lip service to them but did nothing to address them head on.

The WRC accepted that the Complainant was entitled to resign from his employment on the basis that there has been a significant breach of contract by the Respondent going to the root of the contract (payment of wages and expenses).

The Complainant was awarded €3,333 for non payment of wages and €2,000 to cover expenses due to him. In addition the Complainant was awarded €6,000 compensation for financial loss suffered as a result of his forced dismissal.

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