Worker

Employer

Anonymised Parties

A Worker

A Child Care Facility

Representatives

  The claimant was represented by her husband.

William O'Reilly RVW O'Reilly Solicitors

Act

Dispute Reference No.

Date of Receipt

Industrial Relations Acts

ADJ-00037409

22nd February 2022

The claimant was employed as a Room Leader with the respondent from the 20th.September 2021 to the 24th.February 2022.The claimant submitted that following receipt of complaints from parents about her ,the complainant  was summarily dismissed .She submitted that she was never informed in writing or verbally of these complaints before she was dismissed. She submitted that she was given no notice of dismissal. She further asserted in her complaint form that she was never reprimanded by her employer  and she formed the view that because she had expressed concerns about facilities and supplies in the centre , that as a result she was not seen as a team player and was consequently dismissed. The respondent initially asserted that the complaint would be fully contested and that the complainant had resigned from her employment of her own accord. It was further submitted that the complainant did not have locus standi under the Unfair Dismissals Acts. The initial hearing was adjourned to allow for direct discussions between the parties with a view to settling the matter but no agreement was reached on a settlement.

The respondent confirmed that the complainant had been employed with the respondent for approx. 6 months .It was asserted that matters came to a head when a complaint was received by the respondent from a child’s parent and the respondent sought to speak with the complainant on the 24th.February 2022.The respondent’s representative acknowledged and accepted that the complainant’s employment was terminated that day and that there should have been some type of investigation. He asserted that it had been a heat of the moment type of situation, that it was accepted the complainant’s employment had been terminated and that the complainant was denied fair procedures. It was submitted that the respondent was reacting to the complainant’s attitude and demeanour. It was acknowledged that the complainant was not given advance notice that the meeting was being called to discuss the parents complaint. The respondent asked the claimant to set out details of her efforts to mitigate the losses arising from the termination of her employment.

The complainant set out her account of the chronology of events that took place on the 24thFebruary 2022 – she said she was called to the office and was ambushed and shouted at – the issue related to a complaint that was allegedly submitted by a parent. The complainant said she did not accept that any complaint was made and that the respondent had undertaken to furnish her with the complaint but it was never provided. She asserted there was no evidence of a complaint and she had followed up any concerns with the parents of the child. The complainant said she had been misled and had been asked in “for a chat “.She asserted she was ambushed and was not offered an opportunity to have a representative present. The complainant said the respondent told her to finish at the end of the day. The claimant was upset and left. The complainant said she had expressed concerns about room temperatures and resources at the centre. The complainant undertook to make a submission regarding mitigation of loss.

On the basis of the submissions of both parties I have concluded that the complainant was unfairly dismissed without regard being taken of her rights under natural justice, her rights to a fair hearing and without regard to SI146/2000 – Code of Practise on Grievance and Disciplinary Procedures.

The complainant submitted that her losses amount to €3,500 – this was disputed by the respondent who took issue with the number of positions she applied for and with her claim for losses arising in the month of September 2022.

I have taken into account the submissions of both parties on this matter and am also taking account the conduct of the parties in determining the amount of compensation payable.