The Labour Court found Cieran Kelly was unfairly dismissed by Musgrave Retail Partners Ireland Limited and awarded him €2,122.24, equal to four weeks’ salary. The Court signed its determination on 17 August 2022, allowing Kelly’s appeal and setting aside the Adjudication Officer’s decision.
Kelly worked as a depot operative and was dismissed for serious misconduct after an injury at work and a prolonged absence. The company said he had not properly engaged with a return-to-work programme and risk assessment. Kelly said his doctors had advised that he was unfit for manual work and that he had provided medical certificates.
The Court found the company relied on an occupational health report that was four months old without seeking an updated medical opinion. It also found the company treated Kelly as absent without authorisation without telling him, despite receiving his GP certificates. Its procedures did not allow that approach. The Court concluded that fair procedures had not been followed and the dismissal was unfair. In setting compensation at four weeks’ salary, it took account of Kelly’s benefits and limited job applications.