An order of missionary nuns has been ordered to pay €2,040 compensation for the unfair dismissal of a care home worker after she claimed that her Supervisor told her "if you walk out that door, your job is gone".
At the Workplace Relations Commission (WRC), Adjudicator Gaye Cunningham has ordered the Missionary Sisters of St. Columban to pay Jessica Tyrrell Browne €2,040 for her unfair dismissal following an incident at work on July 8, 2024.
Ms Cunningham has ordered the Missionary Sisters of St. Columban to pay €510 in additional compensation to Ms Tyrrell Browne after finding that she was entitled to a minimum two weeks notice.
In her findings, Ms Cunningham stated that as there was no due process as provided for in the Missionary Sisters of St Columban's code of Disciplinary procedures, she found that Ms Tyrrell Browne was unfairly dismissed.
At hearing, the two sides gave conflicting accounts where the circumstances of Ms Tyrrell Browne's dismissal were in dispute.
The Missionary Sisters of St Columban is a registered charity and operates St Columban's Nursing Home in Co Wicklow and Ms Tyrrell Browne commenced working at the care home as a carer in February 2022.
In the case, Ms Tyrrell Browne stated that following an incident at work on July 8, 2024 where she alleges that she was subjected to intimidating and threatening behaviour from her Supervisor, she was so upset that she had to leave work before her shift ended.
Ms Tyrrell Browne alleged that she was told by her supervisor "if you walk out that door your job is gone".
Ms Tyrrell Browne - who represented herself at hearing - then went to a Sister, the manager, and explained that she could not continue her shift given the situation.
Ms Tyrrel Browne alleged that the Sister responded by stating if she left early she would not be welcome back on the premises and her contract would be terminated.
Both the Supervisor and the Sister deny they said those words.
In a letter to her employer in November 2024, Ms Tyrrell Browne stated that she considered herself to have been unfairly dismissed where she was informed by her Line Manager that "if you walk out that door, your job is gone" and was further informed by the Sister that "if you leave your shift early you will not be welcome back on the premises and your contract will be terminated".
"My understanding is that having been told by two superior staff members that my job would be gone and contract would be terminated if left, that I had been immediately dismissed without warning or notice," she said.
In response on December 5, the Missionary Sisters of St Columban stated: "It is clear to us that you were not dismissed, and further, that in spite of any misunderstanding that may have arisen on July 8th 2024 you were given every opportunity to return to duties and for any grievances or other issues to be resolved. In these circumstances, as we did not dismiss you, the issue of us giving notice to you did not arise."
At hearing, Ms Tyrrell Browne’s Line Manager and her employer, a Sister, gave evidence.
Both denied that they stated to Ms Tyrrell Browne that if she left her shift early she would not be welcome back or her contract would be terminated.
In her evidence, the Sister stated that she was the employer and she did not dismiss Ms Tyrrell Browne.
When Ms Tyrrell Browne approached her after the July 8 incident, the Sister said that she told her to return to the nursing home and sort the problem out and if she left her shift early that would be a disciplinary matter.
In her findings, Ms Cunningham stated that the disciplinary code in the Missionary Sisters of St Columban's employment is quite clear in that an investigation must be conducted and the employee has entitlements in the process.
Finding that Ms Tyrrell Browne was unfairly dismissal as there was no due process as provided for in the Missionary Sisters of St Columban’s code of Disciplinary procedures, Ms Cunningham found that re-instatement or re-engagement are not appropriate remedies in the circumstances where the employment relationship has been irretrievably.
Reporting by Gordon Deegan
