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WRC awards €4,200 after finding childcare worker’s dismissal unfair

By Gráinne Nolan

Workplace Relations Commission ·

The Workplace Relations Commission found that a childcare worker was unfairly dismissed by a local development company and ordered €4,200 in compensation. The decision was dated 18 August 2017. The company said it dismissed the worker after an incident involving a child and foster mother, followed by an investigation and disciplinary process. The worker acknowledged she could have handled the interaction better, but challenged flaws in the investigation and the dismissal as disproportionate. The adjudication officer found that interview notes from two staff members should not have been relied upon, though this was not a fatal flaw. The officer also found that the worker’s immediate apology and long service in childcare had not been given sufficient weight, and that coaching, counselling or a written warning could have been considered. The officer found the dismissal disproportionate and unfair, while also finding that the worker contributed at least 50% to the situation that led to it.

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