LCR23338

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No.: ADJ-00060169 (CA-00072871-001 IR-SC-00004594)

BACKGROUND:

This is an appeal by a worker of an Adjudication Officer’s Recommendation made under the Industrial Relation Act 1969 in relation to a dispute with her former employer.

The Labour Court heard the appeal in Dublin on 20 October 2026.

DECISION:

This is an appeal by a worker of an Adjudication Officer’s Recommendation made under the Industrial Relation Act 1969 in relation to a dispute with her former employer. The dispute relates to the termination of the worker’s employment.

The Adjudication Officer upheld the complaint and recommended that the employer pay an award of €550 to the worker. The worker has appealed that Recommendation as she is dissatisfied with the quantum awarded. Both the Worker and the Employer attended the Labour Court hearing. The Worker represented herself. A solicitor represented the Employer.

Worker Position 

The Worker was summarily dismissed from her employment without an investigation and without the application of any fair procedure after 14 days of employment. The employer agreed to pay her for the duration of the first of three teaching courses but did not do so.

The worker strongly refutes the allegations made against her. There were several aggravating circumstances. No account was taken of the fact that she had attended hospital and was seriously unwell during the period. It is deeply concerning that the employer expresses concern about child safety but failed to consider the welfare of the worker.

Employer Position 

The Worker was offered employment on a fixed term contract to provide services as a Course Manager and Teacher on three separate language courses covering the period from 1 June 2025 to 12 August 2025. Her employment was terminated summarily on 12 June 2024, due to the Worker’s serious mishandling of a child protection issue. The employer paid the worker in full for the first course which was scheduled to run until 18 June 2025.

By any standards, the Worker’s tenure was short-lived. The short nature of the Worker’s employment contract rendered the engagement of any formal investigation, disciplinary and appeals process unworkable, in practical terms. This is de facto recognised in legislation by imposing a minimum one-year service requirement under the Unfair Dismissals Act 1977. The employer has not appealed the Adjudication Officer’s Recommendation and submits that the award recommended was more than reasonable in the circumstances.

Recommendation

This matter came before the Court as a trade dispute and not as a dispute as regards a potential breach of employment legislation. The appeal before the Court is not a matter of law and the role of the Court in the hearing of industrial relations disputes is to hear the parties and give its opinion on how the matter might best be resolved.

The Worker commenced employment on 1 June 2024. The employer terminated her employment on 12 June 2024.

The Worker refutes the allegations against her and contends that she was unfairly dismissed. The worker outlined that she was denied the opportunity to address the allegations as she was summarily dismissed without notice or the application of any fair procedures. The employer accepts that no procedures were applied in arriving at the decision to dismiss.

This Court has consistently held that an employer is not relieved of the obligation to act fairly in arriving at a decision to terminate the employment of a worker with less than twelve months’ service. The employer in this case was entitled to terminate the worker’s employment if it could establish that her performance or conduct was not of a satisfactory standard. However, the Court has, on many occasions, emphasised the necessity for an employer to follow fair procedures when a worker is at risk of the loss of employment. From the submissions made, no investigation was conducted, and no procedures were applied in this case.

Having regard to the circumstances of this case, the Court recommends that the Employer pay to the Worker the sum of €2,000, equivalent to one month’s pay, as compensation in recognition that her employment was terminated without her being afforded the opportunity to respond to the issues relied upon by the employer in terminating her employment.

This sum should be paid in full and final settlement of the matter in dispute.

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
BB	______________________
21/10/2026	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Bernard Byrne, Court Secretary.