FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST. LAWRENCE'S NURSING HOME - AND - A WORKER DIVISION : Chairman: Mr McGrath Employer Member: Mr Keogh Worker Member: Mr Walsh |
1. Alleged unfair dismissal.
BACKGROUND:
2. The worker concerned was employed at the nursing home as a nursing aide for approximately ten months. She was dismissed on the 30th June, 1996 following an incident which involved moving an elderly resident from an upstairs to a downstairs room (details to the Court). The worker claimed that she was unfairly dismissed and sought to refer the issue to a Rights Commissioner for investigation. The Employer rejected the claim and objected to a Rights commissioner's investigation. On the 26th September, 1996, the worker referred the dispute to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Court hearing was held in Clonmel on the 19th February, 1997.
WORKER'S ARGUMENTS:
3. 1. The incident referred to related to an elderly patient who was incapacitated by a stroke. The worker helped two other nursing staff when the patient fell and assisted with his successful removal down a narrow stairway. However, she strongly advised the other staff that the head nurse's instruction was that the patient should not be moved downstairs and that she wished to abide by this instruction in the interests of both patient and nursing staff safety.
2. The worker did not protest in a loud or abrasive manner and was not insolent to the Employer, who did not witness the incident.
3. The employee concerned enjoyed her work immensely and liked her working environment. She had an excellent work record without warnings either verbal or written. She was dismissed in an arbitrary and unfair manner and seeks appropriate redress.
EMPLOYER'S ARGUMENTS:
4. 1. In the incident of the 29th June, the worker concerned objected to carrying out a legitimate instruction from the nurse in charge. Her objections were given in a loud boisterous voice and were heard by the elderly residents who were clearly distressed. The nurse in charge, who has been in the employment since the opening of the nursing home, refused to work with the claimant following the incident.
2. When the Employer addressed the worker concerned following the incident the worker was insolent and insubordinate in a loud aggressive manner. The worker made no apologies for her behaviour and the Employer was left with no alternative but to dismiss her. She received her statutory entitlements.
RECOMMENDATION:
The Court finds that in a number of elements the evidence put forward by the parties as to what occurred is contradictory. Because of the contradictions in the evidence given, the Court is unable to conclusively decide what took place at the time in question. It is clear to the Court that an incident did occur. It is also clear that at no time did the claimant refuse to carry out any instruction given to her. The employer also clearly indicated that the claimant, whilst in the employment, carried out her duties in an efficient and diligent manner. It is the view of the Court, in the light of all the evidence given, that to dismiss the claimant was an excessive action to take.
Accordingly the Court recommends that the claimant be compensated in the amount of £500, and that she be issued with a reference which reflects the views expressed by the employer regarding the exemplary way in which she undertook and carried out her duties.
Signed on behalf of the Labour Court
Tom McGrath
4th March, 1997______________________
T.O'D./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.