WHAT TO KEEP AN EYE OUT FOR…
Care Worker Found to be Unfairly Dismissed as ‘Punishment did not fit the crime’
A care worker at a facility for adults with intellectual disabilities was dismissed after locking a service user out describing the event as ‘a bit of fun and banter’.
The Employment Appeals Tribunal awarded the claimant €15,000 under the Unfair Dismissal Acts 1977-2015.
While the Respondent contended that the Claimant was well aware that her actions amounted to gross misconduct the Employment Appeals Tribunal (EAT) noted that the Claimant failed to be informed of the Gross Misconduct charge she was facing during a disciplinary meeting. The EAT also highlighted that the Claimant was not informed before the meeting that the outcome could be dismissal.
The Tribunal noted that the Claimant continued to work unsupervised with vulnerable service users for two months following the incident. Therefore, the EAT came to the decision that the actions of the Claimant did not amount to gross misconduct as she should not have been allowed to continue in her employment if they did. The fact that the Claimant continued working for two months following the incident reassured her that her employment was not in jeopardy.
The EAT considered all the above and came to the decision that the ‘sanction of dismissal was disproportionate and that the punishment did not fit the crime.
Cabinet welcomes proposal for 30c National Minimum Wage Increase
The Government’s Pay advisory group has recommended that the national minimum wage be lifted 30c - signalling the fourth rise in the rate since 2011.
The Low Pay Commission has submitted that the base pay rate for adults should be increased from €9.25 per hour to €9.55 per hour, which equates to an extra €12 over a 40-hour week.
The Commission sought submissions from interested parties and consulted directly with workers and employers in relevant economic sectors.
Commenting on the increase, Taoiseach Leo Varadkar stated: "The Government welcomes the recommendation from the Low Pay Commission to increase the national minimum wage by 30c to €9.55 per hour. "It would work out as a €12 increase in a full 40 hour week. This would be a modest increase but it's ahead of the rate of inflation and average increases in earnings.
However the commission’s three, private-sector representatives signalled a split in the group – filing a dissenting report that dismissed the recommendation as “not an evidence-based conclusion” and one that ignored the views of employers.
The Low Pay Commission also recommended that the “anomaly” created by the sudden increase in employers’ PRSI contributions on weekly earnings over €376 be removed.
In addition, it called for employers that paid the minimum wage to be required to display the basic entitlements for their workers on-site.
While the minimum wage was increased in last year’s budget, there remains a significant gap to the €10.50-per hour pledge included in the Programme for Government.
Tánaiste and Minister for Jobs Francis Fitzgerald said that she would also introduce proposals to address zero-hour contracts, low-hour contracts, banded hours and other issues in the workplace.
The government will review the recommendations after the summer recess, and the budget for 2018 will be announced in October of this year.
A care worker at a facility for adults with intellectual disabilities was dismissed after locking a service user out describing the event as ‘a bit of fun and banter’.
The Employment Appeals Tribunal awarded the claimant €15,000 under the Unfair Dismissal Acts 1977-2015.
While the Respondent contended that the Claimant was well aware that her actions amounted to gross misconduct the Employment Appeals Tribunal (EAT) noted that the Claimant failed to be informed of the Gross Misconduct charge she was facing during a disciplinary meeting. The EAT also highlighted that the Claimant was not informed before the meeting that the outcome could be dismissal.
The Tribunal noted that the Claimant continued to work unsupervised with vulnerable service users for two months following the incident. Therefore, the EAT came to the decision that the actions of the Claimant did not amount to gross misconduct as she should not have been allowed to continue in her employment if they did. The fact that the Claimant continued working for two months following the incident reassured her that her employment was not in jeopardy.
The EAT considered all the above and came to the decision that the ‘sanction of dismissal was disproportionate and that the punishment did not fit the crime.
Cabinet welcomes proposal for 30c National Minimum Wage Increase
The Government’s Pay advisory group has recommended that the national minimum wage be lifted 30c - signalling the fourth rise in the rate since 2011.
The Low Pay Commission has submitted that the base pay rate for adults should be increased from €9.25 per hour to €9.55 per hour, which equates to an extra €12 over a 40-hour week.
The Commission sought submissions from interested parties and consulted directly with workers and employers in relevant economic sectors.
Commenting on the increase, Taoiseach Leo Varadkar stated: "The Government welcomes the recommendation from the Low Pay Commission to increase the national minimum wage by 30c to €9.55 per hour. "It would work out as a €12 increase in a full 40 hour week. This would be a modest increase but it's ahead of the rate of inflation and average increases in earnings.
However the commission’s three, private-sector representatives signalled a split in the group – filing a dissenting report that dismissed the recommendation as “not an evidence-based conclusion” and one that ignored the views of employers.
The Low Pay Commission also recommended that the “anomaly” created by the sudden increase in employers’ PRSI contributions on weekly earnings over €376 be removed.
In addition, it called for employers that paid the minimum wage to be required to display the basic entitlements for their workers on-site.
While the minimum wage was increased in last year’s budget, there remains a significant gap to the €10.50-per hour pledge included in the Programme for Government.
Tánaiste and Minister for Jobs Francis Fitzgerald said that she would also introduce proposals to address zero-hour contracts, low-hour contracts, banded hours and other issues in the workplace.
The government will review the recommendations after the summer recess, and the budget for 2018 will be announced in October of this year.
