Labour Court upholds decision that Thomas Flynn’s dismissal was not unfair

The Labour Court upheld the decision that Thomas Flynn’s dismissal by A.T. Donovans Ltd Neilstown was not unfair. In a determination dated 13 May 2019, it found that the cumulative effect of incidents, including Flynn’s refusal to follow a reasonable instruction while he had two written warnings on file, made dismissal reasonable and proportionate. Flynn appealed, arguing that witness evidence supporting his account had not been properly considered and that the disciplinary process had shortcomings and delays. The Court noted some minor process issues, including delays, but found they had no material effect on the breakdown of the employment relationship. Flynn found another job nine days after his dismissal.