The Labour Court found that Cork Opera House DAC fairly dismissed its former financial controller, Dermot O’Driscoll, and dismissed his appeal. The determination, dated 4 August 2022, varied the adjudication officer’s decision.
O’Driscoll said he had been unfairly dismissed, while the company argued that he had resigned. The Court found that he did not resign and was dismissed. It said there were substantial grounds for dismissal, including repeated allegations it found had no foundation, gross misconduct and insubordination, and his refusal to comply with a disciplinary sanction that had been reduced to a final written warning and other conditions.
The Court concluded that the dismissal was fair, so O’Driscoll’s appeal failed. It varied the adjudication officer’s decision accordingly. O’Driscoll had claimed losses of €131,950; the determination records no award.