Woman receives €70,000 in unfair dismissal case
FORMER LEARNEX EMPLOYEE WINS AWARD
A DELGANY woman is entitled to € 70,000 the Employment Appeals Tribunal has determined.
Bernadette Smyth, Sedona, Delgany Glen, Delgany took against Learnex Limited and Learnex Learning Systems Ltd, 63 Fitzwilliam Square, Dublin 2 under the Unfair Dismissals Act and the Organisation of Working Time Act.
Ms. Smyth was represented by Darach MacNamara, BL, instructed by Fitzgerald and Company solicitors, Harcourt Street, Dublin while Learnex Ltd. didn't appear before the tribunal. The Tribunal heard a search of the Companies Registration Office in May 2010 showed the companies were still on the register and Ms. Smyth gave evidence that she was in contact with a fellow past employee and the company was still trading.
Ms. Smyth who worked as a senior writer with the companies started working with them in early January 2007. She received notice of her termination of employment on December 22, 2008 and her employment came to an end on December 31, 2008.
At all times during her employment her status was that of an employee. Ms. Smyth gave evidence of all efforts to find employment following her termination and gave details of any payments received within that period. She said she had been employed since April 26, 2010 but said the income from her current employment is substantially less than she was receiving from her former employers.
No evidence was presented on behalf of Learnex Ltd or Learnex Learning Systems Ltd.
The Tribunal was satisfied Ms. Smyth was an employee of the companies and in the absence of any objective grounds justifying her termination they found her dismissal unfair.
She was awarded €67, 840.14 as compensation under the Unfair Dismissals Act which includes €7,000 in respect of continued loss given the reduction in her wages in her current position.
She was also awarded €2,608.85 under the Organisation of Working Time act as compensation for outstanding holiday entitlements.
