Child Care Worker Dismissed for “Gross Misconduct” Awarded €19,000 for Unfair Dismissal

A child care worker who was dismissed for gross misconduct was awarded €19,000 because of “lack of proportionality” and “procedural unfairness”.

Child care worker in creche-dismissed for “gross misconduct”-failed to observe incident involving bullying-2 older boys-sock in mouth-father wanted investigation-claimant might have been on a break-did not see incident-dismissed with immediate effect-boy’s father put pressure on manager-claimant was on a break for 15 minutes-creche procedures not followed-child put at risk unnecessarily-manager did not inform claimant that meeting was disciplinary-dismissed for bringing crèche into disrepute-claimant not advised of right to appeal-manager over-ruled company disciplinary policy-child’s life had been in danger-claimant shocked to hear what happened-did not realize her job was in jeopardy-had not worked since dismissal-dismissal procedurally unfair-lacked proportionality-awarded €19,000 for unfair dismissal.

Date of decision: 21st November, 2012

For claimant: Eugene Hill BL instructed by Mercy Law Resource Centre

For Respondent: Donna Reilly BL instructed by Vivienne Matthews BL Das Group

Read full decision here