The Labour Court increased Karl Fitzgerald’s unfair dismissal compensation to €8,000 after finding The Blue Door dismissed him without a fair process. The determination was signed on 15 April 2021, varying an Adjudication Officer’s earlier €2,492 award.
Fitzgerald, a chef, appealed because he said the original compensation did not reflect his losses. The Blue Door argued that he had resigned; Fitzgerald said he remained on sick leave and expected to return. The Court found the restaurant’s 7 August 2019 letter issuing his P45 ended the employment relationship. Fitzgerald had sent a medical certificate the day before, and the restaurant did not clarify the situation after he complained of unfair dismissal.
The Court found there had been no process in which Fitzgerald could exercise his natural justice rights before dismissal, making it unfair. It rejected reinstatement and re-engagement because the relationship could not be repaired. In setting compensation, the Court also considered Fitzgerald’s job search: he had applied for about one job a month, below the expected effort to reduce his losses. It varied the earlier decision and ordered The Blue Door to pay €8,000.