The WRC found that a fitness instructor was unfairly dismissed and awarded her €4,000, while finding that her conduct in promoting a competing business contributed significantly to the dismissal. The decision was dated 12 April 2017.
The health club said she promoted her new business at its premises in breach of her contract and that it followed a fair disciplinary process. She said the club suspended her without pay, did not provide witness details in advance, and used the same person to investigate and decide the disciplinary case.
The adjudication officer found that the investigation and disciplinary process lacked fair procedures. The officer also found that the instructor advertised and promoted her competing business at the club contrary to her contractual duties, and took that contribution into account when setting compensation.