Berthold v Google Ireland Limited

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
Issues covered: how difficult it can be to implement dismissal for “persistent underperformance”.

The recent Employment Appeals Tribunal decision of Berthold v Google Ireland Limited [UD2147/2011] which awarded €110,000 compensation to the claimant demonstrates how difficult it can be to implement dismissal for “persistent underperformance”.

The claimant worked for a company that was bought by Google and had never had any performance issues prior to the take-over. In 2010, the claimant was placed on a performance expectation plan following what Google said was her unsatisfactory performance. A written warning issued in November 2010 and the claimant was placed on a performance improvement plan (PIP) in December 2010 following which she was issued with a final written warning

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This article is correct at 15/12/2015

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Susan Battye
LK Shields

The main content of this article was provided by Susan Battye. Contact telephone number is +353 1 661 0866 or email

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