The Labour Court overturned a €19,000 award to Elaine O’Brien, finding she was not unfairly dismissed by Dunnes Stores Limited. The Court dated its determination 7 April 2017, after the company appealed the adjudication officer’s decision.
O’Brien had worked as a sales assistant at Dunnes’ North Main Street store in Cork. Dunnes said it dismissed her after a prolonged absence with no likely return date, and pointed to review meetings, requests for medical advice and warnings that dismissal was being considered. O’Brien argued that the company’s handling of a customer complaint in 2012 and failure to investigate it contributed to her illness and absence.
The Court found ill health was the substantial reason for dismissal and that relying on O’Brien’s medical certificates without an independent assessment was not unreasonable. It found she had fair notice and an opportunity to be heard. The Court criticised Dunnes for counting maternity leave as absence, but concluded that the dismissal was not unfair and set aside the adjudication officer’s decision and €19,000 award.