The Labour Court set aside Jacqueline Byrne’s €13,500 unfair-dismissal award on her former employer’s appeal. The determination was signed on 8 May 2017.
Torriam Hotel Operating Limited Shelbourne Hotel disputed that Byrne had been dismissed. Byrne said concerns about her contract, pay and public-holiday work left her unable to continue. The Court found the issues could reasonably have been raised through the employer’s grievance procedure, which Byrne knew about but did not use.
The Court concluded that the termination was not a dismissal under the Act and that Byrne was not unfairly dismissed. It set aside the Adjudication Officer’s decision and award.