The Complainant worked part time as a cleaner in a residential disability service on behalf of the Respondent. Due to an incident in which the Complainant allegedly was seen hugging and kissing one of the residents in the facility, the residential disability service contacted the Respondent seeking to replace the Complainant. The Complainant was very upset about this and the Respondent informed the Complainant not to question the decision with the Manager of the disability service but that the Respondent themselves would handle the situation.
The Respondent stated that at a meeting to discuss why the Complainant had been replaced at the residential disability service, the Complainant said she wanted to leave and asked for her wages and annual leave payments. The Respondent alleged that the Complainant went on to tell them about health complaints and the respondent felt sorry for her and agreed with her to write a letter stating the reasoning for leaving was due to the health issues and her age.
The Complainant stated that she is 64 years old and in good health and does not have a disability that would impact on her ability to work as a cleaner. The Complainant believes that she was unlawfully dismissed by the Respondent. The Complainant contends that on this basis the Respondent has dismissed her on the age ground and that this is direct discrimination contrary to the Employment Equality Acts.
The Respondent stated that she only wrote the dismissal letter to assist the Complainant getting another job and/or social welfare. The real reason for the dismissal was due to misconduct. The Adjudication Officer noted that there was no investigation, disciplinary hearing or appeal offered to the Complainant. The Respondent’s reasons to terminate the Complainant’s contract was far from clear. The Adjudication Officer accepted that the Complainant successfully established a prima facia case of discrimination and awarded the Complainant compensation in the sum of €10,000.00.
https://www.workplacerelations.ie/en/cases/2020/june/adj-00025681.html
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