€40k for ‘ambushed’ ex-creche manager

A Cork-based creche manager who was “ambushed” by her superiors with a series of complaints by co-workers has been awarded €40,000 by the Employment Appeals Tribunal.

It found Carmel Hayes, the manager of a creche in Douglas was constructively dismissed as a result of the action of her employers.

The tribunal ordered the creche owner, Cogan Bel Childcare, which runs a creche on Calederwood Road, Donnybrook, Douglas to pay Ms Hayes a sum of €40,000 compensation.

Ms Hayes worked as manager of the creche from April 2011 before it was taken over by new management in 2012.

She was suspended on pay in January 2014 on grounds of gross misconduct after management informed her that three other staff had alleged she mishandled children and was guilty of dereliction of duty.

Her pay was stopped after she went on sick leave.

She was subsequently informed that five other staff had also made complaints against her. However, Ms Hayes said one worker told her that she did not realise the phone call she had with the manager was to constitute a complaint.

She successfully appealed the decision to dismiss her. An external appeals officer recommended that Ms Hayes should be given a final warning. Ms Hayes resigned after management failed to address concerns about her return to work.

In its ruling, the tribunal said Ms Hayes had never received a warning or reprimand about her work in her 17 years working in childcare before the incidents.

It found complaints against Ms Hayes had been “elicited” from five other staff in January 2014, while it was unclear if complaints from three other childcare workers had also been obtained in a similar fashion.

None of the management from Cogan Bel Childcare attended the EAT hearing. The company that employed Ms Hayes, Cogan International College, is in liquidation.