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WRC awards cleaning supervisor €3,380 after finding dismissal disproportionate

By Cathal Brosnan

Workplace Relations Commission ·

A cleaning supervisor won her unfair-dismissal complaint against a service provider, with the WRC awarding €3,380. Adjudication Officer Gaye Cunningham dated the decision 16 November 2017. The supervisor said her dismissal after almost 15 years’ service was disproportionate. She disputed taking unauthorised smoking breaks and said staff medical certificates were promptly sent to head office because no locked storage was available. The service provider said she continued taking breaks after being told they were prohibited, stored certificates in an unlocked drawer and had a final written warning for an unrelated matter. Cunningham found that the supervisor had disregarded the instruction on smoking breaks, but that higher management also had responsibility to provide secure storage for certificates. She found no evidence that the employer considered a lesser penalty, such as demotion, and held dismissal disproportionate. The award took account of the supervisor’s responsibility for her situation.

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