Posted: April 15th, 2020
The Workplace Relations Commission has issued a directive for a publican, retailer and post office operator to pay his ex-wife €9,500 following what was ruled her unfair dismissal from the family company that she had been employed by during their marriage.
The woman was let go from her position in the family company in June 2019 after an investigation into her ‘top-up’ withdrawals of €1,000 at a time from the business to the couple’s personal joint bank account.
The woman, who was also a director of the company, initiated a wrongful dismissals claim with the Workplace Relations Commission as a result of this due to the nature of her dismissal from her position in the business.
Ms McElduff informed the WRC hearing that the manner of her termination from her role had fallen “far short of the requirements of any fair disciplinary procedure” and added that she was not given any indication prior to her sacking that she may be dismissed.
The hearing was informed that an independent investigator returned findings that indicated, from February 5, 2018, and February 14, 2019, €25,160 was transferred online to the joint personal bank account of the husband and wife in 19 different transactions.
Along with this, from August 31, 2017, and November 30, 2018, a total of €30,250 in 29 different money transfers transactions was also lodged into the joint personal bank account of the husband and wife as cash lodgements. The husband said he had no management over the joint account.
The woman was informed, in a letter of dismissal that this was “totally unacceptable” behaviour. The complainant informed the WRC adjudicator the hearing that she had been advised by an accountant in the company’s accountancy practice that she could top up her wages with withdrawals of €1,000. She went on to say that she was certain that she had transferred the money in a transparent fashion.
The married couple ended their relationship up during September 2017 and the woman has begun judicial separation proceedings.