The Complainant was employed as a Groom for the Respondent and had worked in this position from May 2018. The Complainant was one of two Grooms in the yard and worked about 40 hours a week for a gross salary of €480.00. The Complainant informed the court that she was not provided with a Contract of Employment.

The Complainant had a riding accident in the course of her employment which injured her knee. As a result of the accident she was required to stay out of work for three weeks to recover and on her return to work, she was only able to engage in light duties.

The Respondent had indicated that he would make a financial contribution towards the expense which might be incurred if the Complainant was to proceed with the knee surgery. The Respondent advised the Complainant that their insurance company would be in touch.

Shortly afterwards, the Complainant told the Respondent that she would be going for surgery and that it was her intention to return to work when she was fit to do so but could not put a timeframe on recovery. The Respondent then made the decision to terminate the Complainant’s employment at this time. The Complainant only came to realise this when she was handed a letter by the Financial Controller which commenced with the words: “As this is your final day of work with us….”

The court noted that the Complainant had no notice of the decision to terminate her employment and was therefore satisfied that the Complainant was unfairly dismissed. The Complainant’s performance was not at issue and the decision to terminate was taken unilaterally and without consultation. Accordingly, the Adjudication Officer ordered that the Respondent pay the Complainant compensation in the amount of €10,752.00. the Respondent was also ordered to pay an additional sum of €480.00 for breaching the Minimum Notice & Terms of Employment Act, 1973.
https://www.workplacerelations.ie/en/cases/2020/october/adj-00027160.html