Worker

Employer

Anonymised Parties

{A Cleaner}

{A Cleaning Company}

Representatives

Act

Dispute Reference No.

Date of Receipt

S13 of Industrial Relations Acts 1969 (as amended)

ADJ-00041548

13/09/2022

The Complainant worked with the company from 18th January 2022 until 15th March 2022.

The Worker was dismissed for gross misconduct on 15th March 2022. She requested the reasons for her dismissal three times prior to receiving a letter which said she was dismissed for refusing to wear a face mask in all areas despite two requests.

On 1st March 2022 the requirement to wear facemasks was removed. The Complainant has a medical condition and finds it difficult to breathe with a face mask. She was not wearing face masks in a low risk area. She wore a face mask in a medium risk area and did not work in a high risk area. It was never explained to her what she had to wear. The locker room had pictures of rules for the zones for face masks to be worn.

She received a message saying facemasks to be worn in all areas on 1st March 2022. She has a Whatsapp from a manager confirming this is in order. She received her contract of employment on 1st March 2022. She says it was only after she raised issues of non-compliance with management about the weight to be carried, no personal helmet or boots on 14th March 2022 that she was dismissed the following day. The manager called her the following day to say she was dismissed and forbidden from attending the site. She asked for a meeting with management and a letter explaining the reasons for dismissal. She never met the managers mentioned in the letter of dismissal.

The Complainant got a new job on 1st May 2022 but lost six weeks wages of €450.00. She was earning less as a childcare practitioner.

The Complainant’s Manager attended on behalf of the Respondent. He said another manager had spoken with the Complainant regarding wearing face-masks but the Complainant was refusing to discuss.

The signage on site said it was high risk and masks to be worn at all times as it is a pharmaceutical site. The Complainant was refusing to wear a mask in all areas on site and had to be removed as a result. The Respondent supplied labour into the site and was informed the Complainant was refusing to wear a face mask.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The Complainant was employed for a number of months by the Respondent on a pharmaceutical site. There is dispute between the parties on the requirements applicable for facemasks for the zones on site. The Complainant understood the restrictions had been removed and facemasks were not required in low risk areas, and had messaged her Respondent manager about this. However, the Respondent was not on site and only supplied labour. The client managers gave feedback to the Respondent about what was occurring and said the Complainant would not wear masks in the required areas.

The Complainant accepts that she received a message saying facemasks were to be worn in all areas on 1st March 2022. She says the concerns about non-compliance were never raised to her prior to dismissal. There is no evidence of any process conducted by the Respondent to inform or clarify the Complainant’s obligation regarding masks during this period, or disciplinary process carried out in advance of her dismissal on 15th March 2022. The Complainant was dismissed without being invited to a meeting regarding the allegations, and having any opportunity to respond in advance of a decision to dismiss. The dismissal was unfair on substantive and procedural grounds.

I recommend the Respondent pay the financial loss incurred by the Complainant while out of work of €2,700 and €1,000 towards her reduced income total €3,700.00.