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WRC awards social care leader €5,000 after unfair dismissal finding

By Tadhg O'Sullivan

Workplace Relations Commission ·

The Workplace Relations Commission found the dismissal of a social care leader unfair and awarded her €5,000. It also found that her conduct contributed substantially to the dismissal. Adjudication Officer Eugene Hanly dated the decision 19 January 2018. The care provider said it dismissed her after an investigation found she had left residents in the care of one other worker during outings. She accepted leaving residents with another carer while she shopped or obtained cash, but disputed that she had breached a clear policy and challenged the fairness of the process. The WRC found she had taken unauthorised shopping breaks and left three residents in one carer's sole care, putting them at risk. It found the conduct warranted discipline, but that dismissal was disproportionate and she should have had a final opportunity to correct her behaviour. The provider also relied on an anonymous complaint and withheld witness statements. The WRC said she had not made reasonable efforts to find work and had contributed substantially to her dismissal; both findings affected the award.

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