Barry Flannery commenced his role as CEO/CTO of Galway-based Xerotech Limited – which is now in liquidation – in October 2019 on a base salary of €200,000 with additional company car and health insurance benefits.

Mr Flannery told the WRC that he was forced to resign on 12 December 2024 due to the company’s actions, including the removal of his system access, interference with his communications and exclusion from his operational role, all of which amounted to a fundamental breach of trust and confidence.

Removing the CEO’s access to business systems, communications and operational functions “is equivalent to preventing the employee from carrying out their contractual duties”, adjudication officer Breiffni O’Neill found in her ruling.

“The unilateral interception and redirection of the complainant’s communications, without any procedural safeguards or notification, represents a profound breach of trust and confidence,” she continued.

“Taken together, I am satisfied that these actions amount to a complete undermining of the employment relationship. They objectively demonstrate conduct inconsistent with the continuation of the contract and therefore constitute a repudiatory breach.”

It was “therefore objectively reasonable for the complainant to conclude that the employment relationship had broken down irretrievably and that he had no option but to treat himself as dismissed”.

First finding that Mr Flannery was entitled to his full contractual notice period of six months, the adjudication officer also considered his financial loss during the following 12 months to 12 June 2026 during which he was and is bound by restrictive covenants.

While Mr Flannery is free to seek suitable employment after that date, the adjudication officer noted that “the scarcity of CEO‑level positions, combined with the circumstances of the dismissal and the disruption to his career trajectory, make it unlikely that he will secure an equivalent role quickly”.

She therefore said it would be reasonable to allow a further 12 months of loss from 12 June 2026 to 12 June 2027, highlighting the decision in Rooney v Twitter International Unlimited Company (ADJ‑00044246), “which recognises that senior executives are not required to seek work below their level, and must instead be afforded a realistic period to obtain a comparable post”.

Having assessed the complainant’s financial loss at €420,172, the adjudication officer directed the respondent to pay that sum in respect of the unfair dismissal.