The Labour Court overturned the decision that Imelda Kelly had not been unfairly dismissed and awarded her €15,000 compensation. The determination was signed on 13 June 2016, after Kelly appealed the Adjudication Officer’s decision in her case against Stada Production Ireland Ltd T/A Suir Pharma Ireland.
Kelly brought the appeal under the Unfair Dismissals Act. The employer, represented by the Irish Business and Employers’ Confederation, was absent and unrepresented at the final hearing. Kelly was represented by the Services Industrial Professional Technical Union. The Court said the employer offered no evidence justifying the dismissal. It found no grounds justifying the dismissal had been presented under section 6(1) of the Act, under which a dismissal is deemed unfair unless substantial grounds justify it.
The Court set aside the Adjudication Officer’s decision and awarded Kelly €15,000 compensation under section 7. The appeal was heard on 10 May 2016 and adjourned at the employer’s request; the case was heard again on 24 May.