Courts / Carlow / Report
Care worker wins €21k for unfair dismissal, despite lack for evidence for maternity, whistleblowing claims
Summary
A Workplace Relations Commission adjudicator awarded a care worker €21,153.50 for unfair dismissal, ruling that the employer failed to follow adequate probation procedures during the appeal stage. The complainant alleged she was targeted for taking maternity leave and for reporting that her manager's brother was on holiday while on sick leave. She also claimed her manager made adverse comments regarding contraception and pregnancy, remarks the manager denied. The adjudicator found insufficient evidence to corroborate these specific allegations or to link the dismissal to protected grounds or disclosures. However, the tribunal concluded the dismissal was automatically unfair because the performance management process lacked outside involvement during a breakdown in the working relationship, and the subsequent appeal was cursory with unsatisfactory reasoning. The worker, hired in February 2023, failed her final probation review in January 2024. The adjudicator assessed her losses at over €40,000 but reduced the award by 50% due to a failure to mitigate losses. The decision was anonymised to protect vulnerable service users. Paul Gough of Beauchamps Solicitors represented the employer, while Cathy McGrady BL, instructed by Farrell McElwee Solicitors, represented the complainant.
Who, what, where, when and why
What: Report matter: Care worker wins €21k for unfair dismissal, despite lack for evidence for maternity, whistleblowing claims. Procedural stage: charge_or_pretrial
When:
- February 2023 Other
- August 2024 Other
- September 2024 Other
- October 2024 Other
- 21 January 2021 Other
- 2026-02-20 Publication
Why: "Potential unfairness" arose because there was no outside involvement in the performance-management process, when there had been a breakdown in relations between the manager and the claimant, Mr Clinton wrote. CNI source report
Case subjects
Defendant
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