Courts / Dublin / Report

Sinn Fein TD represents creche worker in WRC case

Date
2023-10-03
Stage
Hearing Or Decision
Primary locality
Dublin
County
Dublin

Summary

A Workplace Relations Commission hearing involving Pauline Whelan, a creche worker alleging constructive dismissal by Helga Sweetman trading as Helga's Preschool in Balbriggan, was adjourned. Whelan, represented by Sinn Féin TD Louise O'Reilly, claims she suffered stress preventing her from seeking work. The respondent's barrister, Dominic Wilkinson BL, argued that without medical expert testimony, any compensation award would be limited to four weeks' earnings. Adjudicating officer Breiffní O'Neill noted the lack of a doctor or psychiatrist and cited the 2000 Employment Appeals Tribunal decision in Liz Allen v Independent Newspapers, where a psychiatrist's evidence was pivotal. O'Neill stated that Wilkinson could not cross-examine written sick notes and suggested Whelan seek a witness summons for her GP, though O'Reilly expressed reluctance to serve such a summons. Wilkinson proposed a medical assessment by an expert for the creche, which O'Neill said required Whelan's consent. The adjudicator declared the matter had reached an impasse regarding the doctor's attendance and adjourned the case to a later date yet to be confirmed by the WRC. No final determination was made.

Who, what, where, when and why

What: Report matter: Sinn Fein TD represents creche worker in WRC case. Procedural stage: hearing_or_decision

When:

Case subjects

Independent Newspapers

Applicant

Outcome: He said the matter had reached an "impasse" without a definite position on whether the doctor would attend, and adjourned the matter to a later date, yet to be confirmed by the WRC.

Liz Allen

Applicant

Outcome: He said the matter had reached an "impasse" without a definite position on whether the doctor would attend, and adjourned the matter to a later date, yet to be confirmed by the WRC.

Places mentioned

Secondary Mention

Topics

Stage Hearing Or Decision

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