Cork gardener claims he was assaulted by his boss when he complained a colleague ‘headbutted’ him

Cork gardener claims he was assaulted by his boss when he complained a colleague ‘headbutted’ him

January 30, 2026 discoverhiddenusacom Business

A County Cork, Ireland landscaping business owner has been ordered to pay over €11,709 in compensation to a former employee following a series of workplace incidents and a subsequent finding of constructive dismissal. The case, heard by the Workplace Relations Commission (WRC), highlights the critical importance of clear employment practices and a safe working environment.

Constructive Dismissal and Employer Responsibility

Juraj Adamec, a landscape gardener originally from Slovakia, was employed by Con Kelleher’s CK Landscaping and Garden Maintenance in Glanmire, Co Cork, for over two years, earning €620 per week. The WRC ruled that Mr. Adamec was constructively dismissed due to the combined impact of an assault by a colleague and a subsequent incident involving Mr. Kelleher.

Initial Assault and Lack of Support

According to evidence presented to the WRC, Mr. Adamec was headbutted by a colleague, referred to as Mr. A, during a discussion about job security on October 5th, 2023. The following day, when Mr. Adamec informed Mr. Kelleher he did not wish to work with Mr. A again, he alleges he was verbally abused and physically assaulted by his employer, sustaining a shoulder injury.

Did You Know? Mr. Adamec ceased employment on October 6th, 2023, and found new employment in April 2024.

WRC Findings and Compensation

WRC adjudication officer, Patsy Doyle, found that Mr. Kelleher “abandoned” Mr. Adamec, breaching the Unfair Dismissals Act 1977. She also noted Mr. Kelleher’s failure to provide Mr. Adamec with a written employment contract, violating the Terms of Employment (Information) Act 1994. Mr. Kelleher did not attend the WRC hearing or respond to communications from the tribunal.

Ms. Doyle directed Mr. Kelleher to pay €9,107 to Mr. Adamec, equivalent to 14 weeks’ salary, for the constructive dismissal. An additional €2,602 was awarded for the lack of a written employment contract, bringing the total compensation to €11,709.

Expert Insight: The WRC’s decision underscores the significant legal and financial risks associated with failing to address workplace conflicts and maintain proper employment documentation. The absence of formal procedures for handling grievances and reporting injuries exacerbated the situation, ultimately leading to a substantial financial penalty for the employer.

Implications for Employers

Ms. Doyle issued a “strongly worded recommendation” to Mr. Kelleher regarding the implementation of “modern-day employment” practices, specifically emphasizing the need for grievance and disciplinary procedures, and proper reporting of workplace injuries. She stated that “violence is a red line issue in any employment” and requires intervention, not escalation, from employers.

The WRC official noted that the situation was “difficult to conceive” in a 2023 employment context, suggesting a significant lapse in standard business practices. She concluded that the cumulative effect of the two incidents rendered Mr. Adamec’s continued employment “unviable.”

Frequently Asked Questions

What constituted constructive dismissal in this case?

According to the WRC, Mr. Adamec was constructively dismissed due to the combined effect of being assaulted by a colleague and then being further assaulted by his employer when he attempted to address the issue. This created an untenable work environment.

What was the employer’s response to the WRC proceedings?

Mr. Kelleher did not attend the WRC hearing in August 2023 and made no response to communications from the tribunal.

What specific legal acts were found to be breached?

The WRC found that Mr. Kelleher breached the Unfair Dismissals Act 1977 and the Terms of Employment (Information) Act 1994.

How can businesses ensure they are compliant with employment law and foster a safe working environment?

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