The Complainant submitted that she was unfairly dismissed by the Respondent. The Complainant also submitted that she did not receive her terms and conditions of employment and was not afforded her minimum notice period by the Respondent.

The Complainant commenced work as a Hair Stylist in November 2015. The Respondent offered free reflexology sessions to staff or discount on pedicures so that if staff enjoyed them, they would recommend the treatments to customers. The Complainant arranged a reflexology session for the 4th of September 2017.   The Complainant spoke to the Respondent in confidence and advised them of her pregnancy. It was agreed that a pedicure would be provided instead. Soon after, the Complainant discovered that her name had been removed from the App that the salon used. When the Complainant arrived at work a few days after this incident, she spoke to the Respondent who told her to take her stuff and leave and advised that she would be contacted later that day by the Respondent’s Solicitor. The Complainant had an unblemished record and never received any of the warnings that the Respondent alleged that she received.

The Respondent did not dispute that the Complainant had been dismissed. It was submitted that the Complainant had become disruptive during her employment and presented with an attitude when at work. The Complainant received a warning in June 2017 following complaints about her poor attitude towards her work and her colleagues.

The Adjudication Officer noted that no evidence was provided of previous warnings that had allegedly been given to the Complainant. The Adjudication Officer also highlighted that no other sanction was considered and proceedings were not conducted fairly and therefore found that the decision to dismiss the Complainant was unreasonable and unfair and so the Respondent was ordered to pay the Complainant a sum of €6,748 as re-instatement would not have been an appropriate remedy.
https://www.workplacerelations.ie/en/cases/2020/april/adj-00012146.html