A decision from the Workplace Relations Commission which I read about this morning proves a point I have repeatedly made about WRC cases generally.
And that is, given a choice between having the facts in my favour or an experienced, costly legal team I would always prefer the facts.
A lay litigant can have a difficult time at the WRC, but if the facts support the case, and those facts are accepted and not at issue, then the lay litigant can win his/her case.
The most recent decision to which I refer is that of an accountant being awarded the largest unfair dismissal payout this year-over €145,000,
She was dismissed from her job ‘without cause’ and brought a claim for unfair dismissal. She faced a top notch legal team instructed by her former employer.
But she won her case and has been awarded the maximum permissible under the Unfair Dismissals legislation: two years of the her total remuneration, including her salary, pension contributions and professional association fees.
An important factor in this maximum award was the fact that the employer gave no reason for her dismissal. This would have caused her great difficulty in securing new employment, according to the adjudicator who has experience as a human resources professional.
Learn more about employment law in Ireland in my book.