The Labour Court upheld Dylan Brennan’s unfair dismissal finding against his employer, Harry O’Donovan, but varied his compensation from €11,817 to €2,275. The Court heard the employer’s appeal in Cork and its decision was dated 15 October 2024.
Brennan, a preventative maintenance cleaner, had been laid off during the Covid pandemic and received illness benefit while recovering from surgery. He told O’Donovan he intended to return when his medical certificate expired on 27 September 2022, but his attempts to arrange his return went unanswered. O’Donovan denied dismissing him and said he remained on the books as an employee.
The Court found that O’Donovan’s failure to respond repudiated the employment contract, meaning Brennan was dismissed from 27 September 2022. It set compensation at five weeks’ gross pay, taking account of Brennan’s limited efforts to reduce his loss. The Labour Court varied the original decision accordingly.