The Labour Court increased compensation for Marites Roche’s unfair dismissal from €8,000 to €10,000, varying an earlier decision on Newbrook Nursing Home Uc’s appeal. The determination was signed on 18 June 2018.
Roche, a health care assistant, was dismissed after being accused of verbally and physically abusing a patient. She denied the allegations and said she had not been given details of the complaint or a copy. Newbrook said it followed its disciplinary code and considered dismissal the only option.
The Court found the dismissal unfair because neither of the employer’s witnesses had investigated the allegation. It said that without an investigation, it was difficult to see how starting disciplinary proceedings could be fair and reasonable. It found reinstatement or re-engagement impractical and ordered Newbrook to pay €10,000 compensation.