The Labour Court replaced reinstatement with €15,000 compensation for Andrea Galgey after Access It CLG / Access It appealed the remedy for her unfair dismissal. The determination was dated 7 July 2022. The employer accepted that the dismissal was unfair and challenged only reinstatement.
Galgey had worked as an IT tutor for 19.5 hours a week at €186 a week. Her employment ended on 27 September 2018, and the WRC ordered reinstatement. The employer argued that its business had moved on, it had no need for another tutor and reinstatement could make an existing staff member redundant. It also cited financial difficulties.
The Court said there was no evidence Galgey contributed to her dismissal and noted that allegations had not been put to her before she was dismissed. It concluded that hostility between the parties and the time since the dismissal made reinstatement unsuitable. The Court varied the WRC decision and awarded €15,000 compensation, in addition to the €1,666.08 already paid. Reinstatement means returning to the job; compensation is a payment instead.