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Joseph Fitzpatrick wins six weeks’ notice pay after dismissal from Monkstown Educate Together National School

By Saoirse Doyle

Historic decision · Decision date:

Place: no local area assigned from the source.

Joseph Fitzpatrick’s unfair dismissal complaint against Monkstown Educate Together National School was found not well founded, but the school must pay him six weeks’ gross pay in notice. The Workplace Relations Commission (WRC) dated its decision 18 July 2022. The school said expansion required a changed caretaker role with more hours, additional tasks and training, which Fitzpatrick could not or would not undertake. Fitzpatrick said he had not been properly consulted, the role had not become redundant and he could not increase his hours. The adjudicator found the school acted appropriately and that Fitzpatrick was fairly dismissed by reason of redundancy. However, his 12 years’ service entitled him to six weeks’ notice; the summer holiday timing did not remove that entitlement. The WRC found the minimum notice complaint well founded and directed payment of six weeks’ gross pay.

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