Britain's Got Talent star awarded €12k for unfair dismissal by Cork's Circus Factory
Cormac Mohally was the artistic director of Circus Factory CLG from January 2021 until his resignation last September. File picture: Denis Minihane
A circus collective backed by the Arts Council has been ordered to pay a former employee €12,000 in compensation for unfair dismissal following a conflict that culminated in him being led away from a festival by gardaí.
Cormac Mohally was the artistic director of Circus Factory CLG from January 2021 until his resignation last September. The performer had reached the semi-final of in 2017.
He alleged in a complaint to the Workplace Relations Commission (WRC) that he had been subjected to unacceptable behaviour by his employer, including targeted harassment, incorrect investigation of unsubstantiated complaints, and public humiliation.
He claimed that this left him with no option but to resign, constituting constructive dismissal.
Circus Factory maintained that the company had acted professionally towards Mr Mohally and that there was no fundamental breach of contract on its part, arguing that he had failed to raise grievances during his employment.
The WRC heard that three complaints were made against the artistic director in May 2024, but these had been withdrawn by the following July. The company acknowledged that it had not complied with its own guidelines in this matter.
However, two additional historical allegations were introduced, along with a serious new allegation that involved Mr Mohally locking a colleague in an office. The withdrawn complaints were reinstated in August 2024 without any documented rationale.
He denied the allegations and questioned the impartiality of the person appointed to investigate the complaints. He said the Circus Factory board became hostile, and he felt deliberately excluded and unsupported.
A witness told the WRC that Mr Mohally was “painted as dangerous” following the alleged incident that gave rise to the most recent complaint, and there was widespread gossip within the company.
Gardaí were called to escort the artistic director away from a festival in Cork in August 2024, when the same witness was stationed at an entrance to ensure that this could be done without causing a scene in front of the Lord Mayor and other dignitaries.
She recalled that some board members seemed to derive satisfaction from Mr Mohally’s public humiliation. The decision to call gardaí was an “extraordinary and inappropriate intervention”, according to WRC adjudication officer Thomas O’Driscoll.
“The involvement of An Garda Síochána – despite the complainant having already been suspended on full pay – was, in my view, a disproportionate and unnecessary escalation,” he said.
Mr O’Driscoll added that the involvement of gardaí appeared to have been “calculated to cause reputational harm and personal distress” to Mr Mohally.
In his decision, the adjudication officer identified a pattern of “inconsistent, reactive, and procedurally deficient” HR practices on the part of Circus Factory.
He said its conduct had amounted to a serious breach of the implied term of mutual trust and confidence, and it had failed to adhere to fair procedures. Mr Mohally had not been afforded any meaningful opportunity to participate in relevant processes.
Mr O’Driscoll found that the complainant’s resignation had been reasonable and directly attributable to the conduct of his employer. It had followed a period of exclusion, unresolved conflict, and procedural irregularities, he added.
Finding that Mr Mohally had been constructively and unfairly dismissed, he awarded him compensation of €12,000, taking into account the fact that he had made “minimal” efforts to mitigate his loss by seeking alternative employment.
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