The Labour Court recommended that Positive Care Ireland pay €10,000 compensation to a worker it found had been unfairly dismissed. The recommendation, dated 20 December 2011, also called for offending documents to be removed from the worker’s file and destroyed.
Positive Care Ireland said it dismissed the worker during probation for sharing private information about another employee. SIPTU argued that the worker had no union representation at a disciplinary meeting and was not given a proper opportunity to respond to the allegations.
The Court found the charges were irresponsibly phrased and prejudicial to the worker’s good name and professional standing. It also found the company’s procedures seriously flawed and the dismissal unjustified. The recommendation was made under the Industrial Relations Act and is not binding.