The Labour Court varied Ann Marie Smullen’s unfair dismissal compensation award against Zest At Limited to €10,000 in a decision signed on 5 March 2025. The employer’s appeal succeeded in part and Smullen’s cross-appeal failed.
The employer accepted at the hearing that it had unfairly terminated Smullen’s employment by failing to apply fair procedures. The Court said her efforts to find other work fell short of expectations, noting she applied for about five jobs and declined four; it also considered her periods of unavailability due to caring responsibilities. It varied the earlier WRC award after considering her mitigation of loss.