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Labour Court overturns dismissal decision and awards Colm Gethings €18,000

By Gráinne Nolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court set aside an earlier decision that had dismissed Colm Gethings’s unfair dismissal complaint, found his dismissal unfair and ordered Toughers Ridgeway International Limited T/A Toughers Restaurant to pay him €18,000. The determination was signed on 9 November 2016.

Gethings, a kitchen porter, was dismissed after refusing to sign a form stating that his employment had ended when the business changed hands. The Court found that the employer had given no grounds to justify the dismissal. Gethings had found lower-paid part-time work and retrained, but remained at a considerable loss of income. The Court said reinstatement or re-engagement was impractical and chose compensation.

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