The Labour Court overturned a finding that Pamela Marray had not been unfairly dismissed and awarded her €20,000 compensation on her appeal against The Cheshire Foundation In Ireland Cheshire Ireland. The Court dated its determination 10 February 2021.
Marray, a care support worker, said the employer responded to a service user's allegations by proposing changes that could reduce her hours and earnings or move her to a more distant workplace, without giving her a fair chance to answer the complaint. The employer said the service user had refused her care, creating an operational challenge, and that it offered alternatives while Marray did not engage effectively in finding a workable arrangement.
The Court found that the employer failed to use its complaints procedure before proposing arrangements with potentially serious effects on Marray's work and earnings. It concluded the failure was so unreasonable that she was entitled to end her employment. In setting compensation, the Court considered that she had been out of work for almost six months, later earned less than before, and had tried to find another job.