The Complainant was employed as Director of Nursing with the Respondent Nursing Home from March 2009 to the 17th of September 2020 when her employment was terminated without explanation. The Complainant brought a claim to the WRC on the grounds that she was summarily dismissed by her employer without reason or explanation.

The Respondent asserted that the termination of the Complainant’s employment complied with the provisions of her contract of employment and submitted that because of the crisis arising from the Covid pandemic, the Respondent was obliged to act in the best interest of patients and to put the safety of patients first.

The Respondent’s CEO, Phil Darcy, submitted that he had raised concerns with the Complainant over how the nursing home was being managed during the outbreak of the Covid-19 pandemic. The Respondent wrote to the Complainant in early April 2020 to ensure the Complainant had ‘complied with all the relevant directions’ after concerns were expressed by HIQA (Health Information and Quality Authority) about the home’s preparedness and contingency planning. The Respondent submitted that the Complainant “failed to submit” required documents to the HIQA on the 21st of April 2020. The Respondent stated that HIQA was notified that there had been significant health and safety concerns at Drumbear Lodge, following notifications of these concerns, the CEO decided to dismiss the Complainant as they believed that they had to put safety of his patients first.

The Complainant stated that she had kept herself fully informed and aware of all practice and procedures considered desirable and necessary to protect the residents and staff of Drumbear Lodge from infection by the virus as it spread in the Irish community. She had implemented and overseen the implementation in the home of all of the measures discussed, recommended or ordered. The Complainant had kept herself fully up to date and had made sure that she informed all staff of what was required, and that she kept them fully updated.

In her direct evidence, the Complainant said that after losing her job, she took up a clinical nurse manager post at a HSE hospital in the northwest and was at a loss of €30,000 - €35,000 a year as a result. The Complainant submitted she had "lost confidence" in securing a senior role in the private sector because of what had happened.

The Adjudication Officer stated that the company had "failed to produce or particularise evidence to support inferences of misconduct or poor performance on the part of the claimant". She added that the Respondent’s evidence about the decision to terminate the Complainant and replace her with a director had been "confusing and inconsistent".  She ruled the dismissal had been both substantively and procedurally unfair and taking the Complainant’s loss of 4 weeks’ pay post her dismissal and her ongoing loss arising from the difference in pay between the salary paid by the Respondent and her current remuneration with the HSE, the Adjudication Officer ordered the Respondent pay the Complainant €63,740.38 compensation.

Guidance for Employers

An Employer must comply with the provisions of Section 14(4) of the Unfair Dismissals Acts which requires an employer to furnish a written statement of particulars of the grounds of dismissal.  An employer must take steps to ensure they have committed to a procedurally fair process in relation to the dismissal of an employee.
https://www.workplacerelations.ie/en/cases/2022/september/adj-00030614.html