The Labour Court rejected Tapastreet Limited’s appeal and reduced Joseph Mitchell’s unfair dismissal compensation from €30,000 to €5,385. Its determination was dated 2 February 2017.
The Court found Mitchell’s conduct damaged trust and confidence and could justify dismissal, but did not amount to gross misconduct. It ruled the dismissal was procedurally unfair because he was not told he could have a representative at the termination meeting, and was dismissed without notice or an opportunity to appeal.
The Court also found Mitchell’s conduct contributed substantially to his dismissal and took that into account when setting compensation. Tapastreet had argued that his conduct and business decisions justified ending his employment.