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WRC awards worker €12,000 for unfair dismissal by health service provider

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The WRC awarded €12,000 to a worker unfairly dismissed by a health service provider after finding it had no cogent reason for ending her employment. The decision was dated 5 July 2023 and the award was equivalent to five months’ pay.

The worker held two fixed-term administrative contracts, the second running from 24 November 2020 to 23 November 2021. The provider argued that her employment ended when that contract expired and that the Unfair Dismissals Act did not apply. The adjudication officer rejected that argument, finding the signed contract did not disapply the Act. The worker said her manager had assured her that her contracts would roll over until she became permanent; the manager denied making that assurance.

The officer noted that the contract referred to possible permanent appointment, the worker had not received the promised job description, and her duties went beyond Covid-related work. The contract did not say that the role was temporary because of Covid work, and no formal offer of an alternative role was evidenced. The officer found the provider’s approach to the employment lacked clarity and that there was no cogent reason for termination. Compensation reflected that the worker did not obtain another job until July 2022.

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