Performance Related Dismissal Deemed Unfair – Only Four Weeks’ Pay Awarded

The WRC decision in the case of Margaret Walsh v Bective Stud Ltd – ADJ00032464 which issued in May represents the latest in a number of recent WRC decisions where the employee won an unfair dismissal claim only to find their award limited to four weeks’ pay due to lack of evidence of the employee’s efforts to mitigate her loss.

Facts:

The Complainant commenced employment with the Respondent on 10^th June 2019. The owners of the Respondent business recruited the Complainant to ease pressure on them concerning day to day accounting and administration.

According to the Complainant, she was an experienced bookkeeper who had the necessary skills and experience to do the job. She stated that every business is different, however, that the owners in this business failed to make the necessary time to clearly set out their expectations and to spend the right amount of time directing her about her various tasks. She argued that her job was impossible based on poor communication, ad hoc interaction, no planning, and a serious underestimation of the time required to induct a new employee.

According to the Complainant, while she was initially required to work three days a week, it was understood at interview that it would eventually reduce to one day a week. However, the Complainant claimed that soon the owners started blaming her for their failings and eventually her work was restricted and reduced to one day a month and then she was let go.

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