This case is an appeal to the Labour Court brought by the Respondent (Connemara Marble Industries Limited) against the decision of the Adjudication Officer which found that the Complainant (Frances Murphy) was unfairly dismissed and awarded her the sum of €30,000 in compensation.

The Complainant worked in the family business from January 2011 until February 2017. Her roles in the business were that of Sales Assistant, Tour Guide and Jewellery Designer. In August 2015, she inherited a one sixth holding in the business after her father died. Difficulties soon arose between the Complainant and her siblings and further difficulties arose between the Directors of the Company around December 2015. The Complainant received a letter from the Managing Director, warning her of disciplinary action if she continued to refuse instructions from the Company Directors. Following an incident which occurred on the Company premises involving the Complainant and others, the Complainant received a letter from the Respondent’s Solicitors placing her on suspension pending an investigation into allegedly engaging in activities detrimental to the Company.

In February 2017, the Complainant received a letter from the Respondent claiming that her employment had been terminated on the 18th of November 2016 and therefore he was enclosing her P45. The Respondent sought the return of company property as a matter of urgency. The Complainant contended that she had been locked out of her work premises for raising valid concerns regarding the management of the firm’s accounts and that it was both unreasonable and unfair to suspend her from her employment and subsequently dismiss her.

The Respondent stated that the dismissal was justified on grounds of the Complainant’s gross misconduct. In determining the fairness or otherwise of the decision to dismiss the court said that,

“It is not for the Court to establish whether the Complainant’s behaviour constituted gross misconduct warranting dismissal but rather was it sufficient for the Respondent to believe on reasonable grounds that it was. Based on the evidence given, the Court is satisfied that there were valid grounds for the suspension of the Complainant following the events of 18th November 2016. However, the Respondent informed the Complainant that it intended to carry out an investigation into those events, but no such investigation was undertaken, and the Complainant was dismissed without consideration of any mitigating factors. As no investigation was carried out, the Court must find that the Respondent’s actions in dismissing the Complainant in the circumstances was not made on reasonable grounds.”

The Labour Court concluded that the decision to dismiss the Complainant was tainted with procedural unfairness. Accordingly, the Court found that she was unfairly dismissed and ordered the Respondent to pay the Complainant compensation in the reduced amount of €25,000.00.
https://www.workplacerelations.ie/en/cases/2020/october/udd2031.html