The Labour Court varied the decision in Marc Maguire’s unfair dismissal appeal, ordering Malone & Company Accountants Limited to pay him €28,744 compensation. The determination was signed on 13 December 2018.
Maguire, a trainee accountant, said he had not received effective training and support. The firm argued that his work was below standard and that he was not suited to the role.
The Court found that poor performance was not the reason for his dismissal. The decision-maker said he dismissed Maguire after finding someone else for the job and would not have dismissed him then otherwise. The Court also found there had been no disciplinary process, no chance for Maguire to answer a charge and no opportunity to appeal.
It concluded that his dismissal was both substantively and procedurally unfair. The €28,744 compensation reflected his earnings, financial loss and efforts to limit that loss.