Fired worker who allegedly slapped child gets €27,000
The Employment Appeals Tribunal sharply criticised the creche over its handling of the allegation made against the teacher which led to her dismissal.
“The manner in which the respondent dealt with this matter is about as far removed from fair procedures as could be imagined,” the EAT noted.
The tribunal heard the teacher worked for almost three years at the creche before her dismissal on Jul 13, 2011.
A manager at the creche gave evidence she had received a complaint from the mother of a three-year-old earlier that day alleging that the teacher had slapped her child on the hand.
The child’s aunt told the EAT that the child had told her about the slapping incident but was unable to say when it had allegedly taken place.
The owner of the creche who also runs a similar facility decided to fire the teacher for gross misconduct and handed her a prepared letter of dismissal later that afternoon.
The owner admitted she had not interviewed anyone else in relation to the allegation, despite the fact there are two adults with the children at all times.
She also acknowledged she had not questioned the teacher prior to her dismissal.
“The industry I am in I consider the Child Protection Act supersedes everything else,” said the owner.
The teacher repeatedly denied the allegation of smacking the child and informed the EAT she had never been told the date of the alleged incident.
In its ruling, the EAT said an investigation by an employer was required in all cases of dismissal for conduct and they must demonstrate that such an inquiry is fair and full. It claimed the investigation carried out was “neither fair nor full”.
The tribunal noted the owner did not know the date of the alleged assault, did not interview the teacher about the alleged incident, and had made the decision to sack her before even meeting her.
While the owner had justified the dismissal on the basis that the rights of children are paramount, the EAT said such rights could not be used as an excuse for depriving the teacher of her national and constitutional right to a fair hearing.
