Investigation urged into Garda role in dismissal

The Labour Court has called for an inquiry into the role of gardaí in events leading to the unfair dismissal of a Russian woman…

The Labour Court has called for an inquiry into the role of gardaí in events leading to the unfair dismissal of a Russian woman.

It has emerged that the dismissal followed a claim, which turned out to be false, that the woman was under Garda investigation for prostitution.

Earlier this year, she was awarded €15,000 for discrimination on grounds of nationality.

The woman was recruited in Russia by an employment agency to work in a nursing home in the west of Ireland. However, when she got here she was told this position was not available, and was asked to work instead in a factory owned by the same employer. She started work in September 2000.

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The woman was dissatisfied with the situation but accepted it on a temporary basis. Following disagreements with the manager of the company, she was dismissed on February 2nd, 2001.

She took action for unfair dismissal and sexual harassment, and the Labour Court hearings took place in Oranmore, Co Galway, in January and February of this year.

The Labour Court heard that on December 12th, 2000, two gardaí came to the factory claiming they were investigating a Mafia prostitution ring. They identified the woman as involved.

The company's owner told the court he became concerned about the woman when the manager told him about this.

He took a serious view of the matter, and contacted the employment agency, which tried to remove the worker from the company. It indicated to her that she should return to Russia.

But according to the Labour Court, there was no official Garda investigation of the woman at all.

"The owner subsequently changed his position in court on this issue, when it was highlighted that there was no authorised Garda investigation. He then stated he had concerns about her work performance," the court's recommendation said.

"The company, in its original submission, did not indicate to the court that it had been formally told by other gardaí subsequently that the investigation was unauthorised. This was only made known to the court after the first hearing, when the relevant superintendent indicated that to be the case."

The recommendation added: "The court finds the background to the Garda visit to the factory on 12th December to be extremely disturbing and warranting investigation, particularly as the visit had such serious consequences subsequently for the complainant."

A Garda spokesman said the Garda was seeking clarification on the affair.