The Labour Court upheld decisions rejecting Kati Kipli’s appeals against her dismissal from Dunnes Stores, where she worked as a part-time sales assistant at the Harvey’s Quay store in Limerick. The determination was dated 14 January 2020.
Kipli had called in sick for a shift on 17 May 2016, then attended and taught her belly-dance class that evening. Dunnes Stores said she had engaged in other paid employment while on sick leave, breaching its code of conduct. Her representative argued that the investigation and disciplinary process was unfair, including because she had not been given documents in advance.
The Court found shortcomings in the process, including that Kipli should have received the disciplinary policy and meeting documents. It concluded those deficiencies were not serious enough to imperil the fairness of the process. The Court also noted that Kipli admitted attending and teaching the class after initially denying it.
Her appeals under the Unfair Dismissals Act 1977 and the Minimum Notice and Terms of Employment Act 1973 both failed. The Labour Court upheld the Adjudication Officer’s decisions in both cases.