Facts: Aisling Murphy (the “Complainant”) was a pharmacist who was employed by the Madigan’s Pharmacy Kilkenny Ltd (the “Respondent”) from 1^st September 2020 until her dismissal on 1^st June 2021. The Complainant alleged that she was dismissed due to having made a protected disclosure and brought a claim under the Unfair Dismissals Acts for unfair dismissal. The Complainant appealed the WRC decision which held that her dismissal was not wholly or mainly due to having made a protected disclosure.

The Complainant did not have the requisite one year’s service to make a claim under the Unfair Dismissals Acts but if she proved that the dismissal was due to having made a protected disclosure then she was exempt from having to meet this service requirement.

The Complainant alleged that the dismissal was due to her having made a protected disclosure on 11th May 2021 and 18th May 2021. The Respondent contended that the Complainant was dismissed due to concerns with her performance.

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