The Labour Court dismissed Tapastreet Limited’s appeal and upheld a €35,000 award to Joseph Mitchell for unpaid contractual notice. Its determination was dated 2 February 2017.
Mitchell, Tapastreet’s former chief executive and a co-founder, was dismissed without notice on 16 October 2015. His contract provided for six months’ notice. Tapastreet argued that serious misconduct entitled it to dismiss him without notice.
The Court relied on its finding in the separate unfair dismissal appeal that the dismissal was not grounded on gross misconduct. It found Mitchell was contractually entitled to six months’ pay in lieu of notice and that the company’s failure to pay it was an unlawful deduction from wages.