This case involved a claim of unfair dismissal. The respondent denied this allegation and alleged that the complainant’s contract had been terminated following a comprehensive investigative process. The respondent also raised a preliminary issue that the complainant had not submitted her claim within the prescribed time limit of six months. The respondent claimed that the complainant had been dismissed on the 26th of February 2015 but they had continued to pay her salary during the subsequent appeal process as a mere ‘benefit’.
The complainant claimed that she had not been dismissed until the 28th of May 2015, being the date that she was informed that her appeal against her termination was unsuccessful. This was supported by the fact her P45 recorded the same date of dismissal.
The Court agreed with the complainant’s submissions and found that it would perverse to allow the respondent to resile from this position to defeat the complainant’s case. Accordingly, the case was allowed to proceed to the substantive matter.
https://www.workplacerelations.ie/en/Cases/2017/June/UDD1731.html
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