The Workplace Relations Commission awarded an employee €16,640 for victimisation by a transport company, and ordered it to pay €3,840 in minimum notice pay. Adjudication Officer Gaye Cunningham’s decision was dated 6 October 2017. The WRC rejected the employee’s disability discrimination claim but upheld his victimisation and minimum notice complaints.
The employee said the company ended his employment after he had complained about discrimination. The company said it had searched for alternative work and treated the end of employment as ill-health retirement; it disputed that minimum notice was due.
The WRC found no disability discrimination, relying on earlier Labour Court findings and the absence of further evidence supporting that claim. But it found the company ended the employee’s employment before the outcome of its appeal of an earlier decision was known, and that the timing linked the dismissal to his protected act. The €16,640 compensation equalled 26 weeks’ pay.
The WRC also found the written notice did not meet the employee’s six-week entitlement and ordered €3,840 in lieu of notice.