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Labour Court finds gardener unfairly dismissed and awards €1,100

By Aoife Loughran

Labour Court ·

The Labour Court found Dean O’ Neill was unfairly dismissed by Mount Congreave Estate Ltd and awarded him €1,100 for lost earnings. It also directed a recalculation of his statutory redundancy payment based on continuous service and the value of rent-free accommodation, less the €4,331.48 already paid.

The Court signed its determination on 8 August 2017, on O’ Neill’s appeal of an adjudication officer’s decision. Mount Congreave accepted that it had not followed fair procedures before ending his employment on 13 July 2015.

The employer argued that a January 2015 redundancy had broken O’ Neill’s continuous service. The Court found the redundancy premature because work remained available, and accepted his evidence that his absences had the employer’s approval. The recalculation uses annual pay of €22,000 and accommodation valued at €550 a month. The €1,100 award covers the two weeks he was actively seeking work.

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