Courts / Ireland / Report

Horticulturalist fired for giving boss 'middle finger' wins unfair dismissal case

Summary

In a case heard by the Workplace Relations Commission, a horticulturalist who was dismissed after gesturing the middle finger and saying "fuck off" to her garden centre owner was awarded €6,300 for unfair dismissal. The commission found that the owner had not followed fair procedures during the investigation and disciplinary process. The manager had previously used abusive language towards staff and customers and had been warned about her behaviour. After the incident on 19 June 2020, the horticulturalist was suspended with pay on 2 July and dismissed on 17 July. She appealed, but the appeal was not decided. The commission ruled the dismissal was not proportionate, though the horticulturalist was 10 % responsible for her own dismissal, and ordered the owner to pay the compensation.

Who, what, where, when and why

What: Report matter: Horticulturalist fired for giving boss 'middle finger' wins unfair dismissal case. Procedural stage: hearing_or_decision

When:

• 19 June Other
• 2 June Other
• 2 July Incident
• 2022-06-10 Publication

Why: The complainant said the middle finger incident arose because she was "upset and felt under a lot of pressure" when she met with the owner to discuss a customer voucher scheme. CNI source report

Topics

Stage Hearing Or Decision

Read the original CNI report