The Labour Court upheld a €12,000 compensation award to Karol Bennett Gee after confirming that Sparrow Insurances Limited had constructively unfairly dismissed her. The Court’s determination was dated 4 July 2017.
Gee resigned after the company suspended her on full pay and began disciplinary proceedings over alleged fee and commission write-offs and unpaid premiums. She objected to Eilish Sparrow, a company director, acting as the sole decision-maker after initiating and investigating the allegations. Sparrow Insurances said it had treated Gee fairly, and Sparrow said an HR consultant was due to assist at the disciplinary meeting.
The Court found that Sparrow’s role in the process breached natural justice. She did not step aside as decision-maker despite a request from Gee’s legal representatives, and the company had not shown that another qualified person was unavailable to hear the disciplinary matter. The Court did not make findings on Gee’s other two grounds for resigning. It confirmed the award as compensation for loss of earnings, which is taxable.