The Labour Court reduced Keith Martin’s unfair dismissal compensation from €14,180 to €9,072.78 on Premier Periclase Ltd T/A Rhi Magnesita’s appeal. The determination was signed on 28 September 2021.
Premier Periclase said it dismissed Martin for gross misconduct after allegations of bullying and harassment. Martin argued that the investigation was unfair and expanded beyond its original scope without notice. The Court found that witnesses had been prompted to raise unsubstantiated matters beyond the investigation’s initial terms and were told what other witnesses had said. It also found the decision-maker considered matters outside those terms without informing Martin.
The Court found the investigation and disciplinary process fundamentally flawed and upheld the unfair dismissal complaint. It considered reinstatement or re-engagement impractical and chose compensation, taking account of Martin’s financial loss and efforts to mitigate it. The Court ordered Premier Periclase to pay €9,072.78, varying the earlier €14,180 award.