The Workplace Relations Commission awarded Jolene Leonard €220.50 after finding that Askamore Childcare Company Limited unfairly dismissed her. The decision, dated 3 February 2023, found substantial grounds for dismissal but said the procedures were flawed.
Leonard worked as a Room Assistant. The company said she had disclosed involvement in distributing illicit substances, which it viewed as a breach of its policy and a breakdown of trust. Leonard argued that the dismissal process was unfair.
The WRC found that Leonard was not told the meeting could lead to dismissal, had no disciplinary hearing and was not given a chance to respond to managers’ statements. It concluded that the dismissal process was procedurally unfair, although the dismissal was substantively fair.
The adjudication officer also found that Leonard contributed significantly to her dismissal and had not made reasonable efforts to limit her loss. The WRC noted that no loss accrued under the Act after 9 November 2021 because Leonard was unfit for work due to ill health.