Dismissal Upheld but Date of Dismissal Amended Which Cost the Employer

In the case of Tara Keating v. Camfil (Ire) Ltd ADJ-00030501 the Adjudicator agreed that the dismissal date was in fact after the outcome of the disciplinary appeal, rather than as per the outcome of the disciplinary hearing. This brought the claim within the time limit and enabled the Complainant to receive an award for sick pay, additional annual leave and public holidays.  However, the dismissal was found to be fair and her claim for no contract of employment failed as her employment commenced before the commencement of the Terms of Employment (Information) Act 1994.

Facts: The Complainant was employed by the Respondent as a Purchasing Representative from 1^st January 1990. The Complainant was subject to a disciplinary procedure based on two discoveries:

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