Courts / Ireland / Report

Worker unfairly sacked after 'bizarre' allegation is awarded €13k

Date
2023-12-06

Stage
Trial

Summary

The Workplace Relations Commission has awarded Milka Alves-Da Rocha €13,000 in a trial against her former employer, O'Meara Aspect Design Limited. The adjudicator upheld complaints under the Unfair Dismissals Act, the Minimum Notice and Terms Employment Act, and the Payment of Wages Act, while rejecting a fourth complaint brought under equality legislation. Ms Alves-Da Rocha alleged she was dismissed after a "bizarre" investigation meeting where she was insinuated to be connected to a potential €100,000 liability to Revenue, threatening the company's financial viability. The adjudicator found the worker had no knowledge of these speculative questions and that the dismissal process breached fair procedures, describing the disciplinary hearing as a "star chamber" process. The company determined she committed gross misconduct for failing to attend a later hearing, a decision the adjudicator criticized as an attempt to ambush her with unpublished information. The tribunal awarded €10,500 for losses from the unfair dismissal and €731 for one week's notice pay. Additionally, an order was made for €1,000 in unlawful wage deductions related to sponsorship costs. The adjudicator noted the equality complaint was lodged under the wrong legislation but found no prima facie breach, stating the incident should have been processed under the company's dignity at work policy.

Who, what, where, when and why

What: Report matter: Worker unfairly sacked after 'bizarre' allegation is awarded €13k. Procedural stage: trial

When:

10 August 2022 Other
2023-12-06 Publication

Why: Giving evidence to the WRC, Ms Alves-Da Rocha said she had to pass a phone call on to her manager, Lynne O'Neill, on 10 August 2022 because she was "unable to catch the name of the caller". CNI source report