The Labour Court overturned a ruling that Mercy Oshin’s dismissal by Cheeverstown House Limited was not unfair and awarded her €3,500 compensation. The Court’s determination was dated 29 April 2019, following Ms Oshin’s appeal.
Ms Oshin, a care assistant, was dismissed after a fire alarm at a care home. Cheeverstown said she breached evacuation procedures by carrying a service user instead of using a wheelchair. She accepted activating the alarm and carrying the person out, but said she had not been instructed on the home’s specific procedures and disputed carrying the person back inside.
The Court found that Cheeverstown had not verified important details about training and evacuation procedures. It also relied on a neighbour’s statement without giving Ms Oshin an opportunity to question the witness, and the same manager took part in fact-finding, the investigation and the dismissal decision. The Court found that the employer had not proved the dismissal was reasonable and proportionate, although Ms Oshin’s actions contributed to it. It declined to reinstate or re-engage her and awarded compensation, taking account of her efforts to find work.