Independent Clare TD ordered to pay worker €11.5k for unfair dismissal

The WRC said that Violet Anne Wynne 'failed to engage in any procedures prior to dismissal and failed to provide the complainant with a reason for the dismissal'

Violet Anne Wynne (pictured) had said that issues arose with Fiona Smyth's 'ability to complete tasks' and that 'there were inconsistencies with her work'. File picture: Brian Arthur

A former member of Independent Clare TD Violet Anne Wynne's staff has been awarded pay a five-figure sum after she was unfairly dismissed.

In its decision made last week, the Workplace Relations Commission (WRC) found that the Independent TD for Clare should pay her former employee, Fiona Smyth, compensation of €11,500 in redress for her dismissal.

Ms Smyth worked for Ms Wynne from August 2021 to March 2023 and said that issues arose when she began IVF treatment. 

She said that issues had arisen around sick leave and had come to a head in March 2023 when she advised Ms Wynne that her brother was ill and she would have to drive him to Dublin, something Ms Wynne had seemed "extremely unhappy" about and had "questioned why none of the other family members could assist". 

The two agreed to a performance review meeting for two days later, but when Ms Smyth engaged trade union Siptu, Ms Wynne said that she could no longer communicate with Ms Smyth and responded to a union official: “Your correspondence on the matter is aggressive and not appreciated.…I wish to now terminate Mrs Fiona Smyths (sic) contract with one week paid in lieu.”

In her submission, Ms Wynne said that issues arose with Ms Smyth's "ability to complete tasks" and that "there were inconsistencies with her work". 

Ms Wynne added that she was made homeless, had been on maternity leave and also left Sinn Féin and as an independent TD "needed the complainant to be on top of things to support her at what was a very busy time". 

She said that queries raised from constituents were not inputted on a database and that Ms Smyth apologised for this. She said that she supported the complainant’s fertility treatment but did not want to enter into mediation as Ms Smyth's husband had joined Sinn Féin and would be standing for election and that this had constituted a "breach of trust".

WRC ruling

WRC Adjudicator Louise Boyle said in her decision that Ms Wynne "failed to engage in any procedures prior to dismissal, failed to provide the complainant with a reason for the dismissal, failed to provide an appeals process and would not engage with mediation".

She said: "Whatever the reason(s) for the dismissal and which from Ms Wynne’s evidence appears to have been varied, it is difficult to see how the decision to dismiss is within the range of reasonable responses of a reasonable employer in the circumstances.”

Ms Smyth said that the finding "recognises that what was done to me was wrong and that means more than anything".

Ms Wynne told the Irish Examiner that she "knew from the outset that this would be seen as an unfair dismissal" but insists she "had to take action".