The Workplace Relations Commission found that ISS Ireland Limited unfairly dismissed Kelly Moore and awarded her €7,500 for remunerative losses. The decision was dated 23 November 2021.
Moore had worked for ISS for about seven years as an office cleaning worker at a client site. After the client said she could no longer work there, ISS dismissed her, saying it could not find suitable alternative employment. The WRC found that Moore had not been made fully aware that her job was at risk and that the investigation into the incident was inadequate.
The WRC said there was little evidence that ISS had looked for another workplace for Moore. It considered lay-off during the pandemic a preferable option to making her unemployed and found the dismissal extremely unfair. Moore’s complaints under the Health Act and Protected Disclosures Act were withdrawn. She had also withdrawn her penalisation claims at the outset.