A Company v A Worker [2017]

Posted In: Case Law
  • Case Reference
    ILCR Recommendation No. LCR21509
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Dismissal, Contracts of Employment
Issues covered: Section 20(1), Industrial Relations Act, 1969; Reinstatement of Contract; Fair Procedures; Dismissal

This case involved a claim by the worker for the reinstatement of their contract. The worker alleged that they had been offered, and they had accepted, a contract with the company. They alleged that the contract was subsequently terminated due to an untrue allegation.

In an uncontested hearing the court held that the company had terminated the contract on the basis of unspecified hearsay complaints without affording the worker an opportunity to deny, rebut or explain them. This breached her entitlement to fair procedures and resulted in a material effect on her personal and financial wellbeing. Accordingly, the worker was awarded €7,500 for the infringement.

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This article is correct at 20/07/2017

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