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'I'm sure you have your unfair dismissals case mapped out in your head': worker wins dismissal case
Summary
Anthony Kennedy, a tile‑shop employee, successfully challenged his dismissal from Total Tiles Ltd (Italian Tile and Stone) under the Unfair Dismissals Act and the Minimum Notice and Terms of Employment Act. The company, owned by Luke Sweeney, closed its shops on 14 March 2020 due to the pandemic, kept staff on full salaries, and required them to work from home. Kennedy's complaints centred on the lack of proper dismissal procedures: no disciplinary interview, no right of representation, and no opportunity to appeal. Sweeney's emails, which Kennedy described as stressful and dismissive, included a refusal to pay a mileage claim and a threat to terminate his employment if he did not comply with new company plans. The adjudicating officer, Jim Dolan, found no procedures were followed, upheld the unfair dismissal claim, and awarded Kennedy four weeks' pay in compensation (€2,258.76) plus two weeks' pay in lieu of notice (€1,129).
Who, what, where, when and why
What: Report matter: 'I'm sure you have your unfair dismissals case mapped out in your head': worker wins dismissal case. Procedural stage: sentence
When:
- 14 March Hearing Or Sentence
- April 5th Other
- 30 April Other
- 5 April Other
- Tuesday, 5 May Other
- Friday 1 May 2020 Other
- 2022-04-14 Publication
Why: In a submission to an adjudication hearing last November, the company said owner Luke Sweeney had decided to close its shops on 14 March, 2020 because of the pandemic, some two weeks before the government ordered the closure of all non-essential retailers. CNI source report
Case subjects
Respondent
Outcome: He said he got neither a working notice period or pay in lieu of notice and that his usual weekly payment was withheld that Friday. He awarded four weeks' pay in compensation for the unfair dismissal, a sum of €2,258.76 Mr Dolan also found that Mr Kennedy was also due two weeks' pay in lieu of notice and ordered the company to pay him a further €1,129.
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