PwC worker fired after working remotely from India loses unfair dismissal claim
Seán McCárthaigh
A worker who was fired by consultancy firm, PricewaterhouseCoopers, after it was discovered he had been working remotely from his native India without approval has lost a claim for unfair dismissal.
The Workplace Relations Commission ruled that PwC had not breached the Unfair Dismissals Act 1977 when it terminated the employment of Jasch Asher.
Asher claimed he had received authorisation to work remotely after he had left Ireland at the end of September 2024 and continued to work as normal until his pay was stopped in November 2024.
He had started work with PwC Ireland in February 2022 as a senior associate in assurance.
Under cross-examination, he accepted that PwC had a policy limiting working abroad to 30 days.
However, Asher acknowledged that he could not provide any correspondence to show that he had received authorisation to work remotely.
A HR business partner with PwC, Ciara O’Reilly, gave evidence that Asher’s work contract stated his normal place of work would be its office in Spencer Dock in Dublin.
The WRC heard that the firm also operated a discretionary flexible working policy that allowed employees to work from home for 2-3 days per week.
O’Reilly also said employees could be allowed to work from overseas for up to 30 days over a 12-month period if authorised.
She told the WRC that she contacted Asher in June 2024 to discuss a performance improvement plan (PIP) due to concerns regarding his work.
The WRC heard he cancelled his attendance at a meeting in the Dublin office with a manager at short notice on November 8, 2024, to discuss his PIP.
The manager rescheduled the meeting for later the same day as he knew Asher lived about 10 minutes from the office.
In a phone call after receiving no response, Asher claimed he had a cold and could not come into the office.
He told the manager he had attended the office earlier that week before accusing the manager of bullying him over the previous two years.
After the manager reported what happened, a review of Asher’s attendance discovered his IP address location data indicated he had been working from India since September 30, 2024 without the knowledge of the firm.
He was placed on unpaid leave (although he was paid) and had his access to work systems temporarily suspended.
O’Reilly said Asher denied being in India during a call on November 12, 2024, and insisted he was working from his home in Dublin.
When asked to attend the office the following day, he stated he could not.
The WRC heard Asher eventually admitted he had been working in India for some time, but could not return to Ireland as his rented accommodation was being sold.
O’Reilly said he had made it clear he had no intention of returning to work in Ireland, which left PwC with no option but to accept that he had tendered his resignation.
The WRC heard he had also failed to return a company laptop and mobile phone valued at around €1,900 despite repeated requests.
WRC adjudication officer, Niamh O’Carroll, said Asher’s contract expressly provided that his normal place of work was PwC’s office in Dublin.
O’Carroll said Asher was fully aware of the restrictions governing overseas working arrangements, and there was no evidence he had sought or obtained approval to relocate to India.
She said PwC had sought to engage with him to address his concerns, including his allegations of being bullied, but Asher had repeatedly stated he would not return to Ireland.
Dismissing his claim for unfair dismissal, O’Carroll said he had fundamentally repudiated an essential term of his employment contract by refusing to return to Ireland.
