Courts / Cork / Report
Worker sacked after being late 91 times and allegedly using 'offensive language' wins €35k
Summary
Irish Distillers was ordered to pay €35,000 to Yvonne Foley after she was dismissed for being late 91 times and allegedly using offensive language toward a supervisor. The company claimed Foley was on a final written warning for a pattern of unacceptable behaviour, citing 91 late arrivals out of 118 occasions. Foley's solicitor argued she used alcohol as a crutch for an anxiety disorder and that the dismissal violated the Unfair Dismissals Act 1977 because the final written warning was not in force at the time. The Workplace Relations Commission found that Irish Distillers had improvised its disciplinary process and had misapplied its own handbook, which lists only a verbal warning, a written warning and a final written warning of 12 months. The commission upheld the complaint and awarded Foley €35,000 in redress.
Who, what, where, when and why
What: Report matter: Worker sacked after being late 91 times and allegedly using 'offensive language' wins €35k. Procedural stage: charge_or_pretrial
When:
- 30 September 2019 Other
- March 2019 Incident
- May 2019 Other
- 2023-07-06 Publication
Why: Kieran McCarthy, of McCarthy Teehan LLP, appearing for the complainant, said alcohol had become a "crutch" for his client because of a longstanding anxiety disorder that saw her certified unfit for work the year before her sacking. CNI source report
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