Worker

Employer

Anonymised Parties

A Maintenance and Turnover Manager

A Property Rental Agency

Representatives

Ms. M. P. Guinness BL instructed by  Ledwith Solicitors LLP

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00005415

21/10/2025

The within IR dispute was lodged by the worker on 21 October 2025.

By complaint form dated 14 September 2025, the Worker submitted a claim of constructive dismissal under section 8 of the Unfair Dismissals Act 1977. By a further complaint form dated 21 October 2025, he submitted complaints under section 13 of the Industrial Relations Act 1969 and section 7 of the Terms of Employment (Information) Act 1994.

The worker tendered his resignation on 8 September 2025 and submitted his Unfair Dismissal claim on 14 September 2025.  The additional complaints were subsequently lodged on 21 October 2025.

The worker submits that he was employed by the employer as a Property Maintenance Coordinator from January 2023 until he resigned on 8 September 2025.

The worker further submits that, after being offered a new role in December 2023, he was not issued with a new contract and did not sign or receive a new role document. He states that, on 18 December 2023, he was promoted to the role of General Maintenance and Turnover Manager but was not given a new contract or written statement of duties. He states that more than a year later; after carrying out a range of additional duties, he received an email from the new Scheduling Administrator outlining what his role would involve.

The worker submits that  he had requested clarification of his role because he had been informally carrying out duties including block management and block-cleaning management, delivering cleaning products, scheduling, preparing inspection reports, carrying out maintenance, contacting residents to arrange works, managing the “Services” email account, and liaising with the leasing team and other staff members.

The worker submits that he was later sent a written list of duties, but when he asked for the original version, he received no response. He states that the list contained no date, time, or signatures and that he had not seen it before the sudden change to his role.

The worker submits that he felt he had no option but to resign because he was required, in order to fulfil his role, to mark property inspections as green and suitable for rental, including health and safety, cleanliness, painting, and maintenance checks. He states that he had not received training or certification to carry out those checks.

The worker resigned his employment on 8th of September 2025 giving his employer one months’ notice with a cessation date of 3rd of October 2025.  During this one-month notice period the worker was on sick leave.

This worker in advancing this dispute claims that he was contacted by the employer regarding work matters while he was out on sick leave.

The worker also claims s that he received calls and messages relating to work on previous occasions while on annual leave.

The employer submits that the Worker was employed as a General Property Maintenance coordinator and his employment commenced on 24 January 2023.

The employer submits that the Workers duties included providing property maintenance and were wide ranging and included overseeing and performing general repairs and painting, both internally and externally, attending to maintenance requests, liaising with third parties, and identifying and reporting areas with immediate maintenance needs.

The employer submits that the Worker had an appraisal on 13 September 2023, with positive input from both sides and during which he confirmed he would hopefully be running a bigger team in the future.

The employer submits that the worker by letter dated 18 December 2023, was informed of a performance bonus and remuneration review and in addition, he was informed that due to his exceptional performance he was being offered a promotion to "General Maintenance and Turnover Manager” the only additional duty was a final property inspection and he had indicated that he wanted additional responsibilities.

The employer submits that the worker had a further positive review in April 2025 during which he stated that other staff members did not share his level of enthusiasm.

The employer submits that the Worker at no point during his review, or at any time in the five months between his April 2025 review and his September 2025 resignation, did the Worker raise any concerns or objections to his duties, workload, the scope of his promotion or any alleged change to his responsibilities.

The worker resigned his employment on 8 September 2025 giving one months’ notice.

The employer submits that the worker was not expected to answer any work messages or calls while on annual leave or on sick leave.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The worker submits that he was employed by the employer as a Property Maintenance Coordinator from January 2023 until he resigned on 8 September 2025.   The worker has submitted a claim of constructive unfair dismissal in respect of his resignation and a decision on this has been issued under the Unfair Dismissals Act.  The worker also submitted a separate claim under the Terms of Employment Information Act 1994 this claim is also dealt with in a separate decision under a related Adj reference.

The worker resigned his employment on 8th of September 2025 giving his employer one month’s notice with a cessation date of 3rd of October 2025.  During this one-month notice period the worker was on sick leave.

This worker in advancing this dispute claims that he was contacted by the employer regarding work matters while he was out on sick leave.

The worker also claims that he received calls and messages relating to work on previous occasions while on annual leave.

The employer advised the hearing that the worker at the end of his one-month notice period had gone on sick leave advising the employer that he was out sick for the week.   On 29 September 2025, Mr R emailed the Worker and noted that the sick leave would extend through to the Worker's final working day and asked for a return of company items.  Mr. R also wished the worker a speedy recovery int this email.

He also asked the Worker to let him know if any personal belongings or tools were left on site, so that they could arrange for their return.

By email dated 1 October 2025, Mr R emailed again, noting that the Worker was still unwell. 

The worker responded and complained about receiving an email about mattress protectors.

The employer at the hearing stated that it was conscious that the worker would not be returning to work after his sick leave and so needed to arrange for collection of work items such as work phone and site keys and fobs as well as arrange the return to the worker of any items left by the worker on site.

The employer advised the hearing that the worker was part of many email groups and WhatsApp group due to his role and that he was included in emails and messages as part of these groups.  The employer added that the worker received these communications on his work phone and to his work email address.  The employer stated that there was never any requirement for the worker to respond to these emails or texts while he was on annual leave as he could just have turned his work phone off.

In addressing the worker claim that he received a message about mattress protectors while on sick leave the employer stated that the worker was copied in on this as part of a wider distribution list for awareness but would not have been expected to respond.  The employer added that the sender would not have been aware that the worker was on sick leave, and he was not required or expected to answer the message.

Having considered this matter, I do not find in favour of the worker.

I do not find in favour of the worker.