WRC Finds Contract was Frustrated as Employee Could Not Find Accommodation in Dublin – No Unfair Dismissal

Francisco Martin Santano v Enable Ireland Sandymount School (ADJ-00050049) concerned a complaint under the Unfair Dismissals Acts 1977-2015. The Complainant claimed that he was unfairly dismissed when the Respondent refused his request to take a career break, needed due to loss of his accommodation in Dublin, and subsequently refused to allow him to return to his role when he finally secured accommodation months later. The Respondent claimed that his employment contract was frustrated when he left Dublin and he was not dismissed.

Facts: The Complainant commenced employment with the Respondent on 1st September 2019 as a Special Needs Assistant. On 29th January 2023 the Complainant requested a one-year career break as he had to move out from his home by 22nd March 2023. His lease had been terminated by his landlord after 10 years. The Complainant described the effects of the cost of living and accommodation crisis in Dublin to the WRC; that he was unable to secure a property to rent in Dublin and was unable to purchase a property. He managed to agree an extension with his landlord to stay in his current home until the end of June 2023, meaning he could finish his work commitments for the current academic year. However, the Complainant submitted he was then left with no option but to relocate home to Spain ahead of the 2023/2024 academic year.

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