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WRC awards service manager €2,700 after unfair dismissal

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that JJ Fleming & Co Ltd unfairly dismissed service manager Cyril Murray after a heated argument about warranty work. It ordered the company to pay him €2,700, equivalent to three weeks’ salary. The decision was dated 21 November 2022.

Murray said director Pat Fleming shouted at him and told him to leave; he understood this as a dismissal. The company said Murray left of his own accord after a dispute about how many warranties he had completed, and denied dismissing him. The WRC found it more credible that the company had terminated his employment and that he reasonably understood it to be over.

The WRC found the dismissal unfair because the company made no effort to contact Murray after the argument to reconsider its decision or apply fair procedures. It noted that Murray had provided limited proof of efforts to reduce his losses, and took that into account in setting compensation at three weeks’ salary.

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