WRC awards health care assistant €8,000 after unfair dismissal finding

The WRC found that a service provider unfairly dismissed a health care assistant and awarded him €8,000 compensation. The decision was dated 7 June 2017. The worker’s appeal against his dismissal had succeeded and he was restored to the payroll, but a new board rescinded that decision and reopened the case without input from him or his representatives. The service provider said an independent investigation found serious misconduct involving a resident, which the worker admitted, and argued that dismissal was necessary to protect residents. The adjudication officer found that the employer acted unreasonably by reopening the case without due process. The officer said the worker contributed 50% to the situation and that reinstatement or re-engagement was not appropriate.