Courts / Donegal / Report
Allegations against manager on ring buoy inspections rejected as 'hearsay', as unfair dismissal claim is upheld
Summary
A manager at Donegal Council who dismissed the county lifeguard supervisor over alleged failures to complete ring buoy safety inspections relied solely on hearsay evidence, the Workplace Relations Commission has found. Lisa Dalton's unfair dismissal claim was upheld on 23 March 2023 following her termination in November 2021. A senior council engineer cited concerns that inspections were not appearing in an app database and that lifeguards had been given the impression the work "didn't matter". Ms Dalton disputed these allegations and stated her own inspections were completed. The adjudicating officer noted the council could not produce the complainant's line manager or officials directly involved in the dismissal process to give evidence. The council also failed to establish a procedural basis for dismissal, having not properly notified Ms Dalton that her probation period remained active. Ms Daly ordered Donegal Council to pay €10,000 compensation, finding the employer had not proven poor work performance contributed to the dismissal. The complainant's claim for over €30,000 in lost earnings was reduced due to insufficient mitigation efforts.
Who, what, where, when and why
What: Report matter: Allegations against manager on ring buoy inspections rejected as 'hearsay', as unfair dismissal claim is upheld. Procedural stage: charge_or_pretrial
When:
- November 2021 Other
- July 2020 Other
- April 2021 Other
- 31 November 2021 Other
- 2023-03-23 Publication
Why: Ms Dalton's position was that she had been authorised to file paper records on the inspections in 2020 because of "glitches" with the app and that when these were "ironed out" the following season, she only had access to the app dashboard to see what the lifeguards were logging once or twice a week when she could use a desktop PC in the council's offices. CNI source report
Places mentioned
Topics
Related court reports
- Court upholds former Defence Force member's conviction for raping fellow soldier
- Lawyers 'concerned' over wait for evidence 20 years on from Denis Donaldson murder
- Ex-garda seeks allowance for services to Irish-language communities
- Sliabh Liag murderers appeal convictions
- Six years for Algerian national who carried out 'violent predatory' sex attack
- 'Shame on you' - rapist refuses to accept jury verdict
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request