In 2002, the Labour Court recommended that Dunnes Stores pay a worker two months’ wages after finding that a pending criminal charge was the dominant reason for his dismissal. The Court said the worker had not been convicted and that the charge did not impinge on his employment.
The worker had been told to improve his timekeeping, then dismissed days later. Dunnes Stores said his contract ended because of poor performance and timekeeping, and that he was still on probation. The company did not attend the hearing but sent the Court a letter setting out its position. The Court noted that the worker would not have been available for employment from the end of April 2002. Its recommendation was dated 2 October 2002.