This case was an appeal brought forward to the Labour Court by the Respondent (Jewel Star Designs Ltd) in response to the decision handed down by the Adjudication Officer which awarded the Complainant €12,500 in compensation for unfair dismissal.

The Complainant had commenced employment as a Production Engineer with the Respondent on the 26th of November 2014 and his employment terminated on the 12th of December 2014. The Complainant submitted that he was told by the Respondent after his first day to stop taking notes and to concentrate on what he was doing. He also submitted that he was instructed by the Respondent to carry out manufacturing duties without the assistance of a jeweller’s bench. The Complainant maintained that another incident occurred on the 10th of December 2014 which contributed to their already strained relationship. He claimed that the Respondent stated “if I had known your age I would not have hired you, I think Glen is too old to work here we don’t want old people”. The Complainant stated he was then dismissed two days later.

The Respondent denied the allegation that he discriminated against the Complainant and argued that the incident which occurred on the 10th of December had never taken place. The Respondent admitted to addressing issues arising from the Complainant’s time keeping in the one-on-one meeting which took place on the 12th of December after which the Complainant became aggressive towards the Respondent. The Complainant allegedly then stormed out of the premises after being informed by the Respondent that he was being sacked due to his aggressive behaviour.

The court was satisfied that the Complainant had not been discriminatorily dismissed on the grounds of age as there was a clear disagreement between both parties whether the incident on the 10th of December had taken place. Therefore, the Respondent’s appeal succeeded and the decision of the Adjudication Officer was overturned.
https://www.workplacerelations.ie/en/cases/2019/may/eda1912.html