Former PwC associate who moved back to India without permission has WRC case thrown out

WRC adjudicator Niamh O'Carroll said Jasch Asher 'was the author of his own predicament' by attempting to work from India indefinitely despite his contractual obligations to work regularly at PwC's Dublin office 

The WRC heard that Mr Asher eventually admitted he had been working in India for several weeks, but could not return to Ireland as his rented accommodation was being sold by the landlord.

An Indian worker who moved home without informing his employer and violated the terms of the company's flexible working policy has had his case thrown out by the Workplace Relations Commission (WRC).

Jasch Asher began working at the Dublin office of global accounting firm PwC in early 2022 as a senior associate in its assurance practice, but left Ireland in September 2024 without informing his employer and continued working with the company as normal.

The former employee claimed he had received authorisation to work remotely, which was disputed by PwC. Speaking on behalf of the company, HR Business Partner Ciara O'Reilly said Mr Asher's employment terms required him to be based in Ireland and to attend the office at least two or three days per week on average. 

Mr Asher received permission to work abroad under PwC's "Together Anywhere" policy to work outside of Ireland for up to 30 days in early 2024, but this was later investigated by his team leader who noticed discrepancies in the company's system relating to annual leave. 

Later that year, Mr Asher was put on a performance improvement plan due to concerns regarding his work. Ms O'Reilly said she contacted him to discuss the plan, but that the meeting scheduled in the Dublin office was cancelled at short notice by Mr Asher in the following November. 

The HR manager said she rescheduled the meeting for later that same day as she believed Mr Asher lived about 10 minutes away from the office. However, the former employee called Ms O'Reilly to say he had a cold and could not attend the office. 

The HR manager said she was told by Mr Asher that he attended the office earlier that same week before accusing a senior manager of bullying him over the past two years. 

IP Address tracked from India

After this was reported, an informal review of Mr Asher’s attendance by the company discovered that his IP address location data showed he had been working from India since September 30, 2024 without the knowledge of the PwC.

Mr Asher was told he was being placed on unpaid leave and that his access to systems would be temporarily suspended, pending an investigation into concerns regarding office attendance and working location.

The former associate said he was not informed that data regarding his IP address would be used against him.

The WRC heard that Mr Asher eventually admitted he had been working in India for several weeks, but could not return to Ireland as his rented accommodation was being sold by the landlord.

Ms O’Reilly said Mr Asher made it clear he had no intention of returning to work in Ireland, leaving PwC with no option but to accept that he had tendered his resignation due to him being unable to fulfil his contract.

PwC also said Mr Asher failed to return his company laptop and mobile phone, which was valued at around €1,900 despite repeated requests.

Mr Asher told the WRC that he has been trying to secure employment, and has applied for roles regularly to no avail. He admitted under cross examination that he has applied for approximately one a month in Ireland, seeking vice president’s roles only.

Refusal to return to Ireland

WRC adjudication officer, Niamh O’Carroll, said Asher’s contract expressly provided that his normal place of work was PwC’s office in Dublin. She added that Mr Asher was fully aware of the restrictions around overseas working arrangements, and there was no evidence he had sought or obtained approval to relocate to India.

"[His] refusal to return to Ireland was not temporary or contingent upon a specific event," Ms O'Carroll said. 

"Rather, the evidence establishes that he intended to remain in India indefinitely and wished to continue working remotely from there notwithstanding the clear contractual requirement that he be based in Ireland. In my view, this amounted to a fundamental repudiation of an essential term of the contract of employment.

She said PwC had sought to engage with him to address his concerns, including allegations of being bullied, but that Mr Asher had repeatedly stated he would not return to Ireland.

Dismissing his claim for unfair dismissal, the adjudicator said he had fundamentally repudiated an essential term of his employment contract by refusing to return to Ireland, concluding that he "was the author of his own predicament."