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Labour Court varies Moyross dismissal compensation to four weeks' pay

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

In 2006, the Labour Court varied a compensation recommendation in an appeal by a worker represented by SIPTU against Moyross Community Enterprise Centre Ltd. The Court recommended four weeks' pay in full and final settlement, in a decision dated 6 November 2006.

The worker, a part-time security officer in a Community Employment Scheme, said he left early after being told one of his children was ill. Management said the incident warranted dismissal and cited earlier failures to follow rostered hours. The union accepted the worker's actions were inappropriate but argued that dismissal was unjustified and that he had not been given representation or appeal rights.

The Rights Commissioner had recommended €318.40 compensation for unfair dismissal. The Labour Court agreed that the worker had contributed substantially to his dismissal, but found the disciplinary procedures inappropriate and inconsistent with the Code of Practice on Grievance and Disciplinary Procedures. It varied the compensation to four weeks' pay; the decision gave no euro figure for that award.

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