The Workplace Relations Commission found that Sarah Murphy was unfairly dismissed by Doyle's Supermarket Ltd T/A Londis and awarded her €5,000 in compensation. The decision, dated 31 May 2023, said the employer had not substantiated its grounds for dismissal through an investigation.
The company said it decided to end Murphy’s employment after reviewing concerns about her attendance and punctuality, including lateness for early starts, and customer complaints. Murphy disputed the extent of the punctuality problems and said she had not understood her conversations with the company to be warnings.
The adjudicator said the concerns should have been examined through internal procedures and a documented investigation, with Murphy given a chance to respond. The grounds relied on by the company were never substantiated through an investigation and Murphy strongly disputed them, so they did not dislodge the presumption that her dismissal was unfair.
In setting compensation, the adjudicator noted that Murphy obtained a role in September 2021 that did not work out, followed by another retail role in mid-2022. The WRC ordered the company to pay €5,000 in just and equitable compensation.