The Workplace Relations Commission awarded Olga O’Mahony €12,000 after finding that Cork Association for Autism unfairly dismissed her. The decision was dated 12 July 2021.
O’Mahony worked as a support care worker for the association from August 2016 until July 2020. The association said an investigation upheld an allegation that she had physically abused a service user. O’Mahony denied the allegation. The adjudicator found that she had restrained the service user as described and had apologised to a colleague by text.
The adjudicator found the association had not considered all the circumstances, including the restraint used, its effect, what led up to the incident and O’Mahony’s clean record. The association also failed to consider alternatives to dismissal. O’Mahony was denied union representation at an initial meeting and was not allowed to present her case at a disciplinary hearing before management decided to dismiss her.
The WRC found the dismissal unfair. O’Mahony’s estimated loss, including future loss, was €20,000, but the adjudicator found her conduct had contributed significantly to her dismissal and awarded €12,000 compensation.