Complainant: Cormac Mohally
Respondent: Circus Factory CLG, Cork
WRC Decision: Constructive and unfair dismissal upheld
Award: €12,000 compensation
Legislation: Unfair Dismissals Act 1977
Adjudication Officer: Thomas O’Driscoll
Decision Date: August 2025

Background

Cormac Mohally, a well-known performer and Britain’s Got Talent semi-finalist (2017), served as Artistic Director of Circus Factory CLG, a Cork-based circus arts organisation supported by the Arts Council, from January 2021 until September 2024.

Mr Mohally resigned following a series of alleged actions by his employer which he claimed made his position untenable. These included:

• Harassment and exclusion
• Improper handling of complaints
• Public humiliation, culminating in being escorted from a festival by gardaí

He claimed his resignation constituted constructive dismissal.

Key Events & Allegations

• In May 2024, three complaints were made against Mr Mohally, which were later withdrawn, then reinstated without explanation in August 2024, contrary to internal procedures.
• Two historical complaints were suddenly added to the mix.
• Mr Mohally denied all allegations, including a serious claim that he had locked a colleague in an office.
• He challenged the impartiality of the appointed investigator and noted a breakdown in support and communication from the Board.
• Mr Mohally was suspended with pay, yet the company escalated the situation by calling Gardaí to escort him from a Cork festival in front of dignitaries, including the Lord Mayor.
• Witnesses described the situation as deliberately humiliating, with board members seemingly taking satisfaction in his public embarrassment.

WRC Adjudicator Findings

• The handling of complaints by Circus Factory was found to be “inconsistent, reactive, and procedurally deficient”.
• The Gardaí involvement was considered an extraordinary and unnecessary escalation, appearing “calculated to cause reputational harm and personal distress”.
• The employer failed to uphold its duty of mutual trust and confidence and did not give Mr Mohally any meaningful opportunity to participate in key processes.
• The constructive dismissal claim was upheld, with the WRC ruling that the resignation was a reasonable response to the employer’s behaviour.

Compensation Awarded

• €12,000 was awarded for constructive dismissal.
• This sum was reduced due to Mr Mohally’s “minimal efforts” to mitigate loss (i.e. insufficient evidence of seeking new employment).

Key Takeaways for Employers

Follow Your Own Procedures
Failure to adhere to internal complaints and disciplinary policies severely undermines credibility and legal defensibility.

Ensure Fair Investigations
Allegations, especially serious ones, must be investigated fairly, impartially, and transparently, with clear documentation and due process.

Avoid Public Humiliation
The use of Gardaí (or any public action) to handle HR matters must be proportionate and justifiable. Anything else could be viewed as deliberately damaging and malicious.

Maintain Mutual Trust & Confidence
The breakdown of trust, particularly in leadership roles, can lead to constructive dismissal claims, especially when conflict is unresolved or poorly managed.

Mitigation Matters
Even where an employee is unfairly dismissed, their efforts to seek other work can affect compensation awards.

Bloom Consultancy Commentary

This case is a cautionary tale for Boards and HR teams, especially within arts and non-profit organisations. Reputation, conflict management, and procedural integrity must be safeguarded at all levels.

If you’re dealing with complex internal disputes, or need HR investigations support, conflict resolution training, or a disciplinary policy review, Bloom Consultancy can help.

This article is based on public decisions of the Workplace Relations Commission and reported case summaries from Irish media sources. It is intended as a commentary on HR compliance issues relevant to employers and HR professionals in Ireland.