WRC Rejects Unfair Dismissal Claim by PwC Employee Who Worked from India Without Permission
Dublin: The Workplace Relations Commission (WRC) has rejected an unfair dismissal claim brought by an employee who left Ireland without informing her employer and continued working remotely from India for several weeks.
The Commission ruled that the employer acted reasonably in dismissing the employee after she breached the company’s remote working policy and repeatedly refused to return to Ireland.
Employee Left Ireland Without Informing Employer
The employee, Josh Asher, a senior associate in the assurance practice at the Dublin office of PwC, joined the firm in early 2022.
According to the WRC, the employee left Ireland and returned to India in September 2024 without notifying the company. She continued performing her duties remotely while the employer remained unaware that she was no longer based in Ireland.
The situation came to light after the company carried out technical checks, which showed that the employee had been logging into PwC’s systems from India since 30 September 2024.
Concerns intensified when the company requested that she attend the Dublin office in November. The employee stated that she was unable to attend because she had a cold. However, further technical investigations confirmed that her system logins were originating from India rather than Dublin.
The investigation established that she had been working remotely from India for more than one month.
Company Policy Required Prior Approval
Under PwC’s “Together Anywhere” policy, employees may work remotely from another country for up to 30 days per year, provided they obtain prior approval.
The WRC heard that the employee had neither sought nor received permission to relocate to India or work from there.
The Commission also found that PwC made repeated efforts to engage with the employee and resolve the matter. However, evidence showed that she consistently indicated she did not intend to return to Ireland.
Employment Contract Was Effectively Abandoned
During the hearing, Ciara O’Reilly, PwC’s HR Business Partner, said the employee’s contractual place of work was the company’s Dublin office and that the terms of employment required her to reside in Ireland and attend the office two or three days each week.
The WRC concluded that the employee had repudiated a fundamental term of her employment contract by refusing to return to Ireland, effectively abandoning her employment.
The Commission noted that she was fully aware of the company’s overseas remote working policy and restrictions.
As a result, the WRC dismissed the unfair dismissal complaint, finding that the employer’s actions were justified in the circumstances.
The Commission also heard that, despite repeated requests, the employee had failed to return a company-issued laptop and mobile phone, with equipment valued at approximately €1,900 still outstanding.
The employee told the commission that she had been seeking alternative employment but had not yet secured another job.
The case highlights that remote working arrangements are subject to employer policies and legal obligations relating to employment, taxation, immigration and data security.
The WRC’s decision reinforces that working remotely does not give employees the automatic right to relocate to another country without their employer’s knowledge or approval, particularly in multinational organisations where cross-border working arrangements have legal and regulatory implications.
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