Wakely Engineering wins unfair dismissal and notice complaints

The Workplace Relations Commission found Anthony Martin’s unfair dismissal and minimum notice complaints against Wakely Engineering Limited not well founded in a decision dated 7 July 2023. Martin said a wrist injury led him to seek light duties and that the company required him to sign a waiver. Wakely Engineering said it offered light duties if he provided fitness certification and denied dismissing him. The adjudicator found Martin resigned on 5 May 2021. The company had acted unreasonably by insisting on a waiver, but later sought to accommodate him; Martin did not engage with its correspondence or grievance procedures. He was not entitled to statutory notice pay because he resigned.