The Labour Court upheld a €10,000 unfair-dismissal award to Ruth Burke after Waterberry Limited T/A Howth Haven Clinic appealed. The determination was signed on 21 June 2018.
The Court found serious flaws in the clinic’s investigation, disciplinary process and appeal. The person who made the disciplinary decision had also taken part in the investigation, and managers involved earlier helped reject Burke’s late appeal. The clinic also refused her request for an external representative, despite colleagues having made statements against her.
The clinic said it dismissed Burke over alleged misconduct involving social media contact with clients, removal of products, discounted transactions and competing products. Burke disputed some allegations and argued that the process was unfair. The Court found that her conduct contributed significantly to her dismissal and took this into account in setting compensation.