The Labour Court awarded Danilo Marchese €15,000 compensation after Apple Distribution International Ltd accepted that his dismissal was unfair. The Court’s determination, dated 21 October 2019, set aside the Adjudication Officer’s decision.
Marchese had been awarded no compensation by the Adjudication Officer, who found his complaint not well founded. At the Labour Court hearing, Apple no longer contested the unfair dismissal, leaving compensation as the only issue.
The Court said reinstatement or re-engagement was impractical and chose compensation. Both parties accepted that his loss from 24 November 2017 until 4 June 2018 was €16,670. The Court found he began higher-paid permanent employment on 5 June 2018, so losses after that job later ended did not flow from the original dismissal. It ordered Apple to pay €15,000.