The Labour Court overturned a decision against Pauline O’Connell and awarded her €25,350 after finding that Homecare Medical Supplies unfairly dismissed her. The determination was dated 31 October 2017.
O’Connell said she was effectively demoted when a former subordinate won a new Team Leader role that took over her supervisor duties. The company argued that she had resigned without exhausting its internal grievance procedures.
The Court found that the company did not consult her before advertising the new role and that the managing director’s assurances discouraged her from raising a grievance. It also found that the grievance she later raised related to losing her supervisor position, that the company made no contact during her seven-week sick leave, and that it accepted her resignation without offering to meet.
The Court concluded that it was reasonable for O’Connell to leave. It measured her financial loss over 15 months at a weekly rate of €390 and ordered the company to pay €25,350 in compensation.