Labour Court Finds that Dismissal Not Due to Protected Disclosure

Facts: Aisling Murphy (the “Complainant”) was a pharmacist who was employed by the Madigan’s Pharmacy Kilkenny Ltd (the “Respondent”) from 1^st September 2020 until her dismissal on 1^st June 2021. The Complainant alleged that she was dismissed due to having made a protected disclosure and brought a claim under the Unfair Dismissals Acts for unfair dismissal. The Complainant appealed the WRC decision which held that her dismissal was not wholly or mainly due to having made a protected disclosure.

The Complainant did not have the requisite one year’s service to make a claim under the Unfair Dismissals Acts but if she proved that the dismissal was due to having made a protected disclosure then she was exempt from having to meet this service requirement.

The Complainant alleged that the dismissal was due to her having made a protected disclosure on 11th May 2021 and 18th May 2021. The Respondent contended that the Complainant was dismissed due to concerns with her performance.

Continue reading here

Stay informed with the latest legal developments at Global Law Experts