A tribunal has ordered a school to pay over ten months’ wages to a cleaner who was fired after being accused by the principal of leaving “hazardous material” – a bucket with diluted bleach – out in a corridor.
The Workplace Relations Commission made the award after calling it “implausible and lacking in credibility” that the school’s principal was “in fear for his life” as a result of an alleged death threat from the worker such that he could not log on and testify to a virtual hearing last year.
The worker, Christina Doyle, secured €5,000 on foot of her complaint under the Unfair Dismissals Act 1977 against the Board of Management of Our Lady of Hope School.
Ms Doyle worked at the school from November 9th 2021 to the end of her employment ended on November 13th, earning €12 an hour for 10 hours of work a week during term, the WRC was told.
Huge blow for Clare as Shane O’Donnell to miss rest of the season
Cantor Fitzgerald Ireland fined €452,790 for failing to report suspicious trades
Early stages of investigation finds actor Gene Hackman and wife Betsy Arakawa had been dead for some time
This Dublin office block sold for €106 million in 2018. It’s about to change hands for €50 million
The school’s case was that Ms Doyle resigned her position.
Its barrister, Clare Bruton BL, appearing instructed by Mason Hayes and Curran solicitors, submitted that Ms Doyle “generally performed well” up to the date her employment ended, though counsel added that the principal had given “constructive feedback” to Ms Doyle regarding her work in September that year.
Ms Bruton submitted that on November 13th that the principal spoke to Ms Doyle after identifying her on CCTV as the person responsible for leaving a bucket of water containing bleach in a hallway at the school.
“This was extremely concerning, having regard to the hazardous nature of the contents and the vulnerable nature of the students in the school,” Ms Bruton submitted, adding that the principal had “no intention” of disciplining Ms Doyle about it.
The school’s stance was that Ms Doyle “denied responsibility” for the bucket, “responded with expletives and threatened the principal”, and then threw her keys to the school on the table – an indication of resignation, Ms Bruton submitted.
The principal left the room, composed himself, found Ms Doyle again and called her to his office, whereupon Ms Doyle told him: “I am out of here, I am done,” Ms Bruton submitted.
Ms Doyle’s evidence was that she was getting ready to start cleaning that afternoon when the principal called her to his office about the bucket, which she denied leaving out.
She said teachers and carers at the school had to mop up from time to time, and might have left the bucket out in error. Ms Doyle said that when she asked the school to provide her with the CCTV footage, it was not provided.
During their interaction, she said the principal “started shouting at her and banging his chest” and she became “completely overwhelmed”.
She explained that she had a “serious panic attack” as a result of the alleged behaviour and told the principal she had to leave immediately out of “fear and anxiety”, returning her keys at that point.
Ms Doyle explained that because she had been diagnosed with angina the year before and had stents put in, she was worried about her health because of what she said was “threatening and abusive behaviour” from the principal.
Adjudicator Valerie Murtagh recorded that the school’s lawyers put forward no sworn evidence in the case.
“I note that counsel for the respondent stated that the principal was not in attendance at the hearing as he was in fear for his life as the complainant had made a death threat against him,” Ms Murtagh wrote.
However, Ms Murtagh wrote that she considered that argument “implausible and lacking in credibility” since the case had been dealt with at a remote hearing of the tribunal, during which Ms Doyle and her daughter had been “polite and respectful to all parties”, she added.
The adjudicator concluded that Ms Doyle gave “compelling testimony” on the events which was “cogent, consistent, and convincing”. Ms Murtagh rejected the school’s argument that Ms Doyle quit and concluded that she had been unfairly dismissed with “a complete absence of fair procedures”.
She ordered the school to pay the complainant €5,000 in compensation for the unfair dismissal – a sum worth just short of 42 weeks' wages.
