Varghese Mathew’s unfair dismissal and minimum notice complaints fail

The Workplace Relations Commission found Varghese Mathew’s unfair dismissal and minimum notice complaints against Donegal Home Care Ltd Home Instead Senior Care Ltd were not well founded. The WRC decision was dated 16 January 2023. Mathew worked as a care worker in healthcare settings. He said he had been told to remain outside a service user’s locked room, had no key and spoke to the person through the door. The respondent said it dismissed him for gross misconduct after he failed to provide direct care to the service user. The adjudication officer found that the employer’s delay in beginning its investigation was unreasonable, but concluded that dismissal was reasonable in light of Mathew’s actions and inactions. The officer found the dismissal was not unfair and that the minimum notice complaint failed because the dismissal was for gross misconduct.