WRC awards Gemma Myles €7,000 over unfair dismissal

The Workplace Relations Commission found Gemma Myles was unfairly dismissed by Gerry's Fresh Foods and awarded her €7,000 in compensation. The decision was dated 7 December 2022. The company said it dismissed Myles for gross misconduct after she missed meetings and breached its absence procedures. Myles said her dismissal was unfair and described the circumstances of her absence, including arranging cover for a shift she expected to miss. The adjudicator found the disciplinary process denied Myles fair procedures: she was not given detailed allegations, evidence, notice of the meeting’s purpose or warning that dismissal was possible. The adjudicator also found dismissal disproportionate, noting that Myles arranged shift cover and that the company could have required a negative Covid-19 test before her return. Myles found alternative work about five months after her dismissal; the WRC considered her mitigation efforts when setting compensation.