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Blog  »  September 2013  »  IRISH EMPLOYER ORDERED TO PAY €5,000 IN UNFAIR DISMISSAL CASE. - Blog
6
Sep 13

Posted by
Laura Murphy

IRISH EMPLOYER ORDERED TO PAY €5,000 IN UNFAIR DISMISSAL CASE.

The Case

In a recent case at the Labour Court an employee claimed that she was summarily dismissed shortly after having made a complaint under the Organisation of Working Time Act 1997. She stated that she had been notified by text that her employment was being terminated.

Her employer argued that she had been dismissed due to performance and interpersonal issues. However the employee stated that no such issues had been raised formally with her.

The Labour Court found in favour of the employee, stating that she “was dismissed in contravention of the normal standards or procedural fairness that are to be expected from an employer and she was not offered fair procedures”. The employee was awarded €5,000.

Lesson Learnt

This case illustrates how failure to follow fair procedures when dealing with a dismissal can leave employers open to costly compensation orders.

The Labour Relations Commission Code of Practice on Grievance and Disciplinary Procedures sets out minimum terms that employers should abide by when handling disciplinary and dismissal cases.

In order to help avoid legal claims, Companies should have well drafted policies and procedures in place which should be adhered to by all.

Posted in Company handbook, Contract of employment, Dismissals, Employment Contract, Employment Tribunals, Staff Handbook