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WRC awards Meghan Kestler-Tobias €3,500 in unfair dismissal case

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission awarded Meghan Kestler-Tobias €3,500 after finding her unfair dismissal complaint against David Gorey well founded. It also awarded her €435 on each of two complaints about missing written employment terms.

The decision, dated 13 February 2024, says Kestler-Tobias raised concerns about menu allergens and workplace CCTV. She said the cameras moved to follow her and that she turned them off on the day she was dismissed. Gorey said he dismissed her for gross misconduct, citing the CCTV, a photograph of an unfinished rota and complaints from staff. He also said he checked the cameras to assess how busy the café was. The WRC found the unfair dismissal complaint well founded and awarded €3,500 having regard to her financial loss. The other awards, each described as equivalent to one week’s wages, concerned her initial contract and the later change in her position.

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