UD1543/2014

EMPLOYMENT APPEALS TRIBUNAL

CLAIM(S) OF:                                                                                        CASE NO.

Violeta Rizova            -claimant

                                                                                                              UD1543/2014

against

Mount Hybla Nursing Home Limited

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms P. McGrath B.L.

Members:     Mr. T. O'Grady

Mr. J. Dorney

heard this claim at Dublin on 18th February 2016

Representation:

Claimant:                     In person

Respondent:                The Human Resources Manager and the Director of Nursing.

The determination of the Tribunal was as follows:-

The Tribunal has carefully considered the evidence adduced. On balance the Tribunal has to find that the claimant was unfairly dismissed in circumstances were there was an absence of any recognisable disciplinary process which could have brought the employer to the point where an allegation of gross misconduct attracting dismissal could be a reasonable step.

The Tribunal notes that the claimant had been an excellent employee who may have had a difficult manner with her subordinate staff. However, what is clear to the Tribunal is that there were no support systems in place in the workplace and the Tribunal could not be confident that the claimant’s understanding of the English language would have equipped her to fully explain her own actions or to articulate any difficulties that she was having with co-workers.

It is disappointing to the Tribunal to note that in a workplace of 40 persons rising to 80 persons there was no discernible framework for the implementing of grievance or disciplinary processes. The claimant was hugely disadvantaged by reason of her language barrier, by reason of the rushed nature of the purported meetings and by reason of the fact that in effect no investigation findings were put to the claimant.

In effect, the claimant was fired because she had made an uncontroversial albeit personal comment about a fellow employee. The Tribunal finds the sanction far outweighs the deed.

The claimant has not been in employment as she has been on illness benefit. The Tribunal awards the sum of €1,440.00 (being the equivalent of four weeks’ gross pay at €360 per week).

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)