Tipperary stable hand sacked for going to pub after death of colleague awarded almost €6k

The horse trainers viewed the failure of four staff, including Mr Byrnes, to return to work after calling to the house where their colleague had died very seriously, given the yard’s animal welfare obligations and other regulatory issues, WRC told. Picture: Eamonn Farrell/RollingNews.ie

The racing stables operated by well-known horse trainer Tommy Stack and his son James have been ordered to pay compensation of €5,820 to a former stable hand who was unfairly dismissed after he failed to return to work after the sudden death of a colleague.

The Workplace Relations Commission ruled in favour of the former employee, Thomas Byrnes, in his claim against Thomastown Training Centre — the training yard run by the Stack family in Thomastown, Co Tipperary — in what was described as a “poignant” case.

The WRC said the dismissal was unfair “both substantively and procedurally”, as the employer had taken “a procedural short cut” as well as failing to apply a proper weighting to the shock experienced by Mr Byrnes over the death of his colleague on December 16, 2019.

However, the WRC said Mr Byrnes had also contributed to his dismissal by not reflecting on his employer’s legitimate expectation that he would attend work rather than go to a pub and his failure to appreciate the enormity of the impact of his absence on the business’ high standards.

The horse trainers viewed the failure of four staff, including Mr Byrnes, to return to work after calling to the house where their colleague had died very seriously, given the yard’s animal welfare obligations and other regulatory issues.

Heated row

However, the WRC rejected claims by the owners that Mr Byrnes had uttered unambiguous words of resignation and had clearly resigned the following day after a heated row.

It said the respondent had misinterpreted the stable hand’s actions when he left work stating he could not face a disciplinary probe.

WRC adjudicator Patsy Doyle said the evidence did not support a claim made by the trainers that three of the workers had formulated a plan to sidestep possible disciplinary action by resigning.

Ms Doyle said she just could not see Mr Byrnes risking his job in that way, as he had a dependent partner and young child.

However, she observed he had blended into a “musketeer” with three colleagues when he did not return to work and went to a pub.

Ms Doyle said it was disappointing to find Mr Byrnes had not been given any type of debriefing after the sudden death of his colleague.

She acknowledged the owner genuinely believed he had a mutiny or insurrection on his hands after four staff had abandoned the care of the horses.

However, Ms Doyle added: 

In my view, this duty of care to the animals was not adequately balanced with the duty of care I would expect to see towards an employee.” 

Ms Doyle said Mr Byrnes being told that his position had been replaced when he sought to have his job back on December 18, 2019, constituted a dismissal.

Knee-jerk sanction

She said the respondent had engaged in a knee-jerk sanction without allowing an opportunity for everyone to be heard while Mr Byrnes had “got lost in his coping strategy”. Mr Byrnes had worked as a stable hand at the Stacks’ yard since 2013, when he was 17.

Under cross-examination, Mr Byrnes admitted his extended leave from work after his colleague’s death was unauthorised and he also knew cover was needed at work.

Mr Byrnes’ solicitor claimed a more sympathetic and common-sense approach had been needed from the employer but he believed the owners were “teaching the guys a lesson”. 

In evidence, one of the owners said he had supported staff calling to the home of their deceased colleague.

However, he said the absence of four workers who did not return to the stables means there was a pronounced vacuum of staff to care for the animals.

The trainer said the business was vulnerable to an unannounced regulatory inspection and he wished to protect the reputation of his yard.

Under cross-examination, he said he appreciated Mr Byrnes had come across the scene where a colleague had died and everyone was upset but he claimed the stable hand could not be “beyond reproach.” 

Ms Doyle said she accepted the sudden death of a friend and colleague had a traumatic effect on the claimant and it was an unforeseeable event which nobody could have predicted.

“It really was a moment in time,” she remarked.

The award of €5,820 constituted 11 weeks' salary plus one week’s pay in lieu of notice.