The Labour Court overturned the Rights Commissioner’s decision and awarded Ms Agnieszka Silarska €2,500 after finding her dismissal could amount to penalisation under the part-time work law. The determination was signed on 26 September 2012.
Emc Health Care Limited said Silarska had agreed to work full-time after completing her FÁS course and was dismissed when she refused. The Court found she was willing to work full-time but not weekends, so she had not refused a transfer from part-time to full-time work. It also found her contract did not set out the arrangement or the consequences of refusing it. She had already recovered pay for the rest of her fixed-term contract, so the Court awarded compensation rather than lost wages.