The Labour Court upheld a €7,800 unfair-dismissal award to Sharon Tyrrell on 19 May 2022, after dismissing Esker Property Holdings Limited’s appeal. The Court found serious flaws in the process that led to Tyrrell’s dismissal as a healthcare assistant.
Tyrrell accepted posting a video on social media and said she had apologised. The employer argued that dismissal was within the range of reasonable responses. The Court found that the decision maker had already settled on gross misconduct before the disciplinary hearing and that neither the decision maker nor the appeal officer considered a lesser sanction.
The Court also found that the decision makers relied heavily on external HR advisers, who shaped the questions and outcome letters, and wrongly believed the employer’s policy allowed only dismissal for this conduct. It concluded that the process lacked independence and that dismissal was not a reasonable or proportionate response, given the impact on Tyrrell’s job and career. The Court also rejected the employer’s time-limit argument, finding Tyrrell was entitled to one week’s notice. The original award remained in place.