The Workplace Relations Commission found Barry Ring was unfairly dismissed by LCC Power Ltd. and awarded him €3,500. The decision was dated 25 November 2022.
Ring worked as a corporate sales executive for the energy provider from 25 November 2019 until 6 January 2021. He argued that dismissing him was unreasonable. The company said it acted on capability grounds, citing sales performance and errors in customer advice and administration.
The adjudicator found Ring's probation had ended on 4 November 2020, making him entitled to fair procedures. A March 2020 letter agreeing to a 30% wage reduction said the other terms of his contract would remain unchanged. Ring received no advance notice of the dismissal meeting's purpose, no offer of representation and no right of appeal. The adjudicator found the process lacked procedural fairness.
The award reflected five months' salary from 6 January to early June 2021, when Ring declined an offer of alternative work. The adjudicator also found he had not made sufficient efforts to mitigate his loss, meaning reduce it by seeking other work; this was taken into account in setting the compensation.