The Labour Court cut Filippo Pollina’s unfair dismissal award from €10,000 to €3,000 after Brownes Of Sandymount Limited appealed. In its determination dated 1 April 2019, the Court found that Pollina had been dismissed and that his dismissal was unfair.
Pollina, a waiter, said the company told him he would not be rostered in January because business was slow. Brownes said he had indicated that he intended to leave and then failed to attend a shift on 31 December 2017. The Court found that Pollina’s account was supported by his absence from the January roster and a 5 January letter saying he was no longer employed because of a lack of work.
The Court also relied on the company’s failure to respond clearly to Pollina’s 9 January text referring to having been fired. It varied the Adjudication Officer’s decision and set compensation at €3,000. The Court said reinstatement or re-engagement was not appropriate and took account of Pollina’s lack of evidence about lost earnings or efforts to find work.