Labour Court rejects Western Care Association worker’s dismissal appeal

The Labour Court disallowed a worker’s appeal over her dismissal by Western Care Association, affirming the Rights Commissioner’s recommendation that the complaint was not upheld. The decision was dated 19 May 2011. The Court found that the worker’s probation had been extended under her contract and that she was dismissed during the extended period. It said the operative reason for her dismissal was differences with management over her management style, which had been raised with her on several occasions. The worker had argued that her dismissal was unfair and that she was not given a proper grievance procedure; Western Care Association said it had raised performance concerns and given her opportunities to improve.