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Labour Court Varies Redress Ordered by WRC, Replacing Compensation for Reinstatement Despite “Misgivings”

posted 3 years ago

In Access IT CLG/Access IT v Andrea Galgey[1], the “Respondent” appealed the redress ordered by the Workplace Relations Commission (“WRC”) to the Labour Court (“Court”).

The Respondent accepted that the “Complainant” had been unfairly dismissed, but argued that reinstatement was not an appropriate remedy in the circumstances of the case.[2]

Facts: The Labour Court was not required to assess the fairness or otherwise of the Complainant’s dismissal, but only to consider whether or not reinstatement was the appropriate redress in this case.

The Respondent put forward the following main arguments in support of its position that reinstatement ought not to have been ordered:

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