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Labour Court upholds unfair-dismissal finding and awards Marta Klinkosz €29,078

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld the finding that Marta Klinkosz was unfairly dismissed by e-Celtic Limited and ordered the company to pay her €29,078 compensation. The determination is dated 5 July 2023.

E-Celtic Limited appealed, arguing that Klinkosz’s poor performance had led to the loss of a client contract and justified her dismissal. Klinkosz said she was told the provider’s contract had ended and her job would terminate, with performance concerns raised only later.

The Court found Klinkosz had received no formal warnings and had not been told in advance that her job was at risk. She was not given the allegations against her or an opportunity to respond. The Court found the employer had not justified the dismissal and that its process was not fair.

The adjudicator had awarded her €30,578. The Labour Court chose compensation rather than reinstatement or re-engagement, assessed her actual and prospective loss at €29,078, and upheld the finding that her complaint was well founded.

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