The Labour Court raised Mary Rainsford’s unfair dismissal compensation to €10,000 on her appeal against Health Services Executive West. The Court varied the Adjudication Officer’s decision in a determination dated 15 March 2022.
The HSE accepted that Ms Rainsford had been unfairly dismissed at the end of a fixed-term contract. Her appeal concerned the remedy. She argued that the HSE skipped stages in its disciplinary process and denied her an appeal. The HSE said her absences and contribution to the dismissal supported the original award.
The Court said correct use of the disciplinary process would have afforded her an appeal and continued pay while it was pending. It also found that her absences and failure to attend occupational health meetings significantly contributed to the dismissal. The compensation reflected the effect of the HSE’s failure to follow its process and her significant contribution to the dismissal.