Agata Bobowik’s unfair dismissal and notice complaints against Centra Ballybrit fail

The Workplace Relations Commission found Agata Bobowik’s unfair dismissal and minimum notice complaints against Robsim Trading Ltd Centra Ballybrit were not well founded. The decision was dated 31 August 2022. Bobowik, a deli manager, was summarily dismissed on 1 September 2020 after refusing to work revised shifts beyond 1.30pm. The adjudicator found her contract provided for variable hours and that the instruction to work later shifts was legitimate. She had refused the specified shifts over four months, giving the employer substantial grounds to dismiss her, the decision said. The adjudicator also found the dismissal process was not unfair. The minimum notice complaint failed because she was summarily dismissed for misconduct, which the decision said allowed termination without notice. Both complaints failed on their merits.