Labour Court replaces €5,000 recommendation with reinstatement for child care worker

In 2002, the Labour Court found that South Western Area Health Board unfairly dismissed an agency relief child care worker. The decision, signed on 11 June 2002, amended the Rights Commissioner’s recommendation after the Board appealed. The Court determined that the worker should be reinstated without loss of pay, offered a further three-month contract as a probationary period and have the dismissal record expunged. The Board said the worker’s conduct warranted dismissal. The union argued he was dismissed without just cause or due process and was not given an opportunity to appeal. The Court found the Board’s procedures fell short of what would be expected of a reasonable employer and found no reasonable basis to conclude that the worker had committed gross misconduct warranting summary dismissal. It did not uphold the Rights Commissioner’s €5,000 compensation recommendation, finding reinstatement without loss of pay was appropriate redress.