The Labour Court reduced Andrew Kelly’s unfair dismissal compensation from €15,000 to €5,000 after finding his dismissal by Jenpen Limited T/A Sinnotts On The Strand was unfair. The Court determined the employer’s appeal was not well-founded and varied the original decision. Its determination was dated 28 July 2022.
Kelly worked as an assistant bar manager before being made redundant in July 2020. The employer said it no longer needed an assistant bar manager and offered him bar work at minimum wage, without guaranteed hours. Kelly declined, saying he needed regular income to support his family.
The Court found the employer had not considered whether Kelly could take on the restaurant role before hiring someone else, and had not meaningfully considered protecting his employment. It said fair procedure was not followed. The reduced award took account of Kelly’s efforts to find work, his pay in his new job and earnings during the intervening period.