The Labour Court found Frances Murphy was unfairly dismissed and ordered Connemara Marble Industries Ltd to pay her €25,000. The Court varied an Adjudication Officer’s earlier €30,000 award on the company’s appeal in a determination dated 28 October 2020.
Murphy worked in the family business, where she and her siblings held shares. The company argued that her conduct during an incident at its premises in November 2016 justified dismissal. The Court found she contributed to serious disruption that led to a tour visit being cancelled and the business closing for the day. It considered the conduct serious enough to warrant dismissal, but found that the company had not investigated the incident or considered mitigating factors before dismissing her.
The Court also found there had been no disciplinary hearing at which Murphy could present her case with a representative, and no opportunity to appeal. It found the dismissal procedurally unfair. It chose compensation, taking account of the family circumstances and Murphy’s efforts to find work.