The Labour Court upheld Roisin Coakley’s unfair dismissal appeal and awarded her €600 compensation. The Court signed its determination on 26 August 2022.
Coakley had worked for Audrey Cafolla trading as Jesters Hair Studio since 2002. She said childcare responsibilities prevented her from returning when salons reopened and that she had made clear she was not resigning. Cafolla argued that Coakley had repudiated her contract by not returning to work.
The Court found Coakley had not resigned. Cafolla had received and accepted a medical certificate saying Coakley was unfit for work, but terminated her employment effective 16 July 2020. The Court found that dismissing her in those circumstances was not the action of a reasonable employer and set aside the adjudication officer’s decision.
The award was equal to two weeks’ salary. In setting compensation, the Court noted that Coakley had been available for work for only about six weeks after her employment ended and provided minimal information about efforts to mitigate her loss.