Nun-Managed Organisation Faces Penalty for Unfair Dismissal
A Workplace Relations Commission (WRC) case involving the unfair dismissal of long-serving employee Geraldine Baxter from the Little Sisters of the Poor has resulted in a compensation award of over €70,000. The case, described by the adjudicator as “extraordinary” and “one of the most egregious examples of mistreatment,” highlights the importance of adhering to proper employment policies and procedures.
Allegations and Disciplinary Process
The dismissal stemmed from accusations that included alleged falsification of timekeeping and annual leave records. Despite these claims, it was later established that the timekeeping accusation was baseless. Furthermore, the accusation regarding annual leave was based solely on the “fading” memory of a nun, identified as Sister A, without considering corroborating witness statements from another HR administrator.
Ms Baxter, employed by the organisation since 2006, had long worked from home to complete paperwork in a calmer environment. This arrangement was an established practice under verbal agreement. Despite her transparency, the organisation launched disciplinary proceedings, culminating in her termination in July 2023.
Procedural Flaws and Employer Conduct
The WRC adjudicator, Breiffni O’Neill, found numerous flaws in the disciplinary process. The decision to terminate Ms Baxter’s employment was based on a “re-investigation” led by a UK HR director who disregarded crucial witness statements and failed to interview Sister A again due to her “fading memory.” The handling of the appeal process was also heavily criticised, with Mr O’Neill describing it as a “farce.”
Importance of Proper Policies and Procedures
This case underscores the critical need for employers to have clear, fair, and well-implemented policies and procedures in place. Transparent and consistent processes help prevent employee mistreatment, ensure fairness, and reduce legal risks. Proper training for HR professionals and managers on conducting investigations and disciplinary procedures is essential to maintaining trust and compliance.
Compensation and Lessons for Employers
Due to the “callous” treatment of Ms Baxter, the WRC awarded her the maximum compensation under the Unfair Dismissals Act, amounting to €65,520, along with an additional eight weeks’ notice pay of €5,040, bringing the total award to €70,560. Mr O’Neill expressed a preference for reinstatement but respected Ms Baxter’s wishes for compensation instead.
Employers can take a valuable lesson from this case: respecting employees’ rights and following proper procedures is not only a legal obligation but also vital for fostering a positive and fair workplace culture.
