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Labour Court awards €5,000 to woman dismissed after raising working-time concerns

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court awarded Cliona Tracey Nee Flood €5,000 after finding that Affinity Plus T/A Affinity Plus Home Support Limited Aka Affinity Plus Homecare Limited dismissed her in response to her invoking working-time rights. The Court’s decision, dated 9 May 2024, set aside the adjudication officer’s decision.

Tracey said she raised concerns about the employer’s compliance with working-time rules and was penalised as a result. The employer said three alleged incidents of misconduct and misrepresentation led to her dismissal. Its representatives withdrew from the Labour Court hearing after a dispute over a WRC correction to the employer’s name, and the Court received no evidence or submission from the respondent.

The Court accepted Tracey’s account on the balance of probabilities, finding that the dismissal was a response to her invoking a right under the Organisation of Working Time Act and amounted to penalisation. It directed the employer to pay €5,000 compensation.

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