EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
Dora Szabo UD740/2013
against
Bridhaven Nursing Home
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. S. Behan BL
Members: Mr. P. Casey
Mr. O. Wills
heard this case in Cork on 11September 2014
Representation:
_______________
Claimant(s):
Mr. Raymond Glynn, Raymond Glynn & Co, Solicitors,
27 O'Brien Street, Mallow, Co Cork
Respondent(s):
Mr. Frank Nyhan, Frank Nyhan & Associates, Solicitors,
Bank Place, Mallow, Co. Cork
The determination of the Tribunal was as follows:-
An unfair dismissal claim was brought to the Tribunal in respect of a nursing home care assistant. The Respondent called witnesses to show substantial grounds to justify the dismissal on the grounds of elder abuse. It was admitted by the Claimant that she had responded in kind to JM (An elderly resident) who had verbally abused her when she told him that she would not
give him a requested fourth bowl of sugar. The Tribunal was told that the Respondent was obliged to have a zero tolerance policy in respect of any staff conduct it judged to fall within the definition of elder abuse.
The Claimant’s position was that she judged a fourth bowl of sugar not to be any good for JM who, when insulting her, had referred to her as a man. She told the Tribunal of particularly sad circumstances which impacted upon her personal life at the material time, to the point that she might have been much better advised not to attend work at all on the day in question.
Determination:
Having listened very carefully to the Claimant and the Respondent, the Tribunal finds that the dismissal was a disproportionate sanction. There was no doubt but that the situation which had prevailed was fraught, and the manner in which the Claimant dealt with same was less than ideal. The Tribunal however, is not satisfied that the incident constituted gross misconduct, or that it should have been regarded as elder abuse.
The Tribunal therefore allows the Claim under the Unfair Dismissals Act 1977 to 2007. In all of the circumstances, the Tribunal deems it just and equitable, that the claim be awarded the sum of €7,000.00 under the said legislation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Signed.) Sinéad Behan, B.L.
_____________________________________
(CHAIRMAN)