The Labour Court upheld the finding that Ms Renata Uryn was unfairly dismissed and increased her compensation from €4,000 to €5,000. Its determination was dated 29 October 2019, after an appeal by her former employer, The Alteration Centre.
The Court found that Ms N both decided to dismiss Ms Uryn and was the person against whom she had made a bullying complaint. It said this breached natural justice and made the dismissal process unfair. The employer said it had sought medical evidence and given Ms Uryn opportunities to take part in a capability process. Ms Uryn said she had cooperated and that her bullying complaint was not addressed.
The Court also found that Ms Uryn’s lack of cooperation with requests for information about her ability to return to work contributed to her dismissal, and took this into account when setting compensation.