The WRC found that a care assistant was not unfairly dismissed by a disabilities service after his assault conviction and failure to disclose it. The decision was dated 13 April 2022.
The care assistant received a three-month prison sentence suspended for two years and did not serve time in prison. The service said the conviction and nondisclosure breached trust and raised safety concerns for the vulnerable people it supported. The care assistant argued that his work record, the circumstances of the incident and his understanding of Irish law should have been considered.
The adjudicator found he received a fair hearing, representation and appeal, and that alternatives to dismissal were not unreasonably rejected. The service’s zero-tolerance approach to violence was understandable given its duty to protect vulnerable people.