The Labour Court upheld a €27,000 unfair-dismissal award to Ian Mulcahy after McCurrach UK Ltd appealed. The determination was signed on 18 December 2018.
McCurrach said a client had alleged unauthorised stock removal and that Mulcahy breached its credit-note policy. The Court found the credit-note incident relied on by the company predated a final written warning. The manager who decided to dismiss Mulcahy had also handled the earlier disciplinary case and reached the decision within five minutes, without asking if Mulcahy had mitigation to offer. The Court found the dismissal unfair.
The Court also found Mulcahy contributed to his dismissal. It considered reinstatement or re-engagement impractical and awarded €27,000 compensation, which the decision says included the 30% contribution noted in the Adjudication Officer’s decision.