The Labour Court upheld Barbara Maciejewska’s unfair-dismissal complaint on appeal and determined that Tesco Ireland Limited must pay her €17,000 compensation. The determination was signed on 19 December 2017.
The Adjudication Officer had ruled that Maciejewska lacked the service needed to bring her complaint. Tesco later accepted that, counting both her start and dismissal dates, she had one year’s service, and conceded that the dismissal was unfair because of the procedures used.
The Court found there was no evidence of fair procedures or an attempt to hear Maciejewska before she was dismissed. In setting compensation, it considered her limited evidence about efforts to reduce her losses, her reported €4,000 earnings in the two years after dismissal, and her later move to better-paid work.