Dismissed for COVID mistake

https://www.boards.ie/discussion/comment/117689734#Comment_117689734

Unfair dismissal can still be claimed and won albeit most companies wouldn't be stupid enough to fall into that trap.

Hire someone today, ask them for sex and then admit that their refusal is the grounds for their dismissal and let us know how you get on.

Dav010

https://www.boards.ie/discussion/comment/117692641#Comment_117692641

What a stupid analogy to use, that would be sexual harassment and would not be comparable when discussing “guidelines”.

https://www.boards.ie/discussion/comment/117692658#Comment_117692658

No one is discussing guidelines, we are discussing unfair dismissal.

Allow an alternative then:

Hire someone then tell them you are dismissing them because they are black

or how about dismissing them for joining a union?

or you could also admit any of the other grounds

Dav010

https://www.boards.ie/discussion/comment/117692702#Comment_117692702

You understand those examples are covered under discrimination legislation, not recommendations?

“Not capable of distinguishing from a legal obligation and a health recommendation. Doesn't matter if you agree with it or not, it's not a legal requirement”

It appears you are not sure of this yourself.

@[Deleted User]

https://www.boards.ie/discussion/comment/117677991#Comment_117677991

https://www.boards.ie/discussion/comment/117677439#Comment_117677439

@[Deleted User] that makes no sense. The test was negative so the only risk was outdoor dining. Are you saying that no employee of this hotel should ever outdoor dine ever again during their time off?

@ReginaldSmythV true that.

how did anybody know if they dined outdoors anyway, they seem to have been half way across the country.

@fvp4

https://www.boards.ie/discussion/comment/117694238#Comment_117694238

@fvp4

No I am not saying every employee of the hotel cannot dine outdoors - only those who are supposed to be in self isolation while awaiting the results of a covid test. 😑

At the point in time when these two idiots stopped at a restaurant to eat they did not yet have negative test results.

Why is this the hotel's business you may ask? Well, it's the second example of their inability to follow the most basis guidelines in relation to preventing the spread of covid 19 (the first being if you have symptoms, don't go to work, get a test, and self isolate until you get the results). In an industry that has had its business decimated by covid19 the last 16 months.

If you don't get that at this point, then I don't know how to make it any clearer for you.

(edited for spelling).

https://www.boards.ie/discussion/comment/117692775#Comment_117692775

Always impresses me how you jump from A to B in an effort to win while ignoring parts that dont suit.

That quote is not related to the examples. If you cant debate honestly, lets not bother. My examples refer to YOUR comment regarding the ease in which people can be dismissed within 12 months and you are fully aware of that

Secondly, the union part was specific to unfair dismissal legislation which again, applies even within the 12 months.

Sadb

https://www.boards.ie/discussion/comment/117689074#Comment_117689074

Complete bs. I currently have an actual case of unfair dismissal after 22 years of employment and for a reason protected under tupe regulations and it still hasn’t been resolved going on a year. The WRC won’t even comment on who is right or wrong until a full investigation has been done

There is also no where in cork that takes 2.5 hrs to get to cork city where I know of at least 3 24 hr turnaround test centres. I also know of one in Bandon so even closer to west cork.

xhomelezz

https://www.boards.ie/discussion/comment/117675765#Comment_117675765

Both just as Op's story.

screamer

Under 1 year, employees have literallly no rights regarding dismissal.

reading the story, I wondered did the trip to get tested become 5 hours long because they stopped off for a nice, long, socially distanced lunch break along the way at another hotel or restaurant

Palmach

https://www.boards.ie/discussion/comment/117695357#Comment_117695357

I'll make this easy for you. I studied law and have many friends and family in the legal profession. When presented with the facts in this case all 3 qualified solicitors said I could send therm the file and it would be a matter of minutes in front a judge. One of them sent a letter to the hotel and the hotel phoned the solicitor. The solicitor explained the situation and point out how they had breached HR law on numerous points, not least failure to inform both girls that they could have representation and failure to give them a chance to give their side. Bog standard stuff in HR terms. If the hotel wrote a letter saying t was a mistake and they were great employees the matter would be dropped. Failure to do so would mean the matter being taken further with all the attendant publicity. Whether you believe it or not frankly I couldn't care less but that is what happened.

Palmach

https://www.boards.ie/discussion/comment/117702699#Comment_117702699

Yes they do have rights. Take a bit of advice. Don't post on stuff you clearly know nothing about.

https://www.boards.ie/discussion/comment/117703170#Comment_117703170

....................And then everybody clapped

Why TF would you bother your arse coming onto Boards a week ago looking for advice on what her options are, if you have so much crack legal expertise available to you at the drop of a hat?

Oh, right, because it's all made up.......

floorpie

Bizarre thread.

Firstly, why is everybody grilling OP about driving times? Have any of yous ever driven anywhere in Ireland? A 5 hour round trip, including a stop for a testing centre + test, including a break for food, is no surprise.

Regarding being fired during probation, the unfair dismissals act doesn't apply during probation but in this case the relevant legislation is the industrial relations act which has no such limitation. Here's a similar example from WRC where a hotel worker was dismissed during probation. The worker won the case because the dismissal procedures were unfair: LCR21798 - Workplace Relations Commission

"Where an employee is considered unsuitable for permanent employment, the Court accepts that an employer has the right, during a probationary period, to decide not to retain that employee in employment. However, the Court takes the view that this can only be carried out where the employer adheres strictly to fair procedures.

In the particular circumstances of this case, there is no reason to doubt the Claimant’s assertion that his reputation was seriously damaged by the actions of the Respondent. The Court has consistently held the view that it is imperative that an employer in a dismissal case must not only show that there were substantial grounds justifying the dismissal but also that fair and proper procedures were followed before the dismissal takes place. This requirement of procedural fairness is rooted in the common law concept of natural justice.

The Court is satisfied that the Claimant was not provided with details of any performance issues; no warning was given that his employment was in jeopardy; he was not afforded the right to representation; he was not provided with reasons for his dismissal and he was not afforded an opportunity to reply. Therefore, the Court is satisfied that he was denied natural justice.

In all the circumstances of this case and bearing in mind the level of remuneration the Claimant was earning, the Court recommends that the Respondent should compensate the Claimant by the payment of €90,000.00 to be accepted in full and final settlement of the claim."

Sadb

https://www.boards.ie/discussion/comment/117703170#Comment_117703170

Thanks, I’ll continue to believe this to be the bs story it is.

https://www.boards.ie/discussion/comment/117704080#Comment_117704080

Because the OP is talking out of their hoop and making it up on the fly. First they were indoors, then when everyone pointed out how much of a dick move it is to go eat in public while awaiting the results of a C-19 test, they changed it to an outdoor setting to try garner sympathy. Then, when the rest of the thread went against them, they completely fabricated a "result" where their friend got a nice payday and letter extolling their virtues, before they both landed on their feet with nice new jobs. Now, most recently, we find out that the OP has three crack legal eagles willing to take on this case for free, never mind the fact they themselves studied law and has countless friends and family also involved in the legal profession. But still, instead of calling on any of those fine folks or using their own legal acumen to resolve this matter, the OP comes onto Boards, spins us all a line and asks for legal advice.

This is completely, 100%, grade A........bullsh1t and anyone who believes it needs their head examined.

Your advice above is quite good, and your intentions are also good (though a little misguided), but the OP is either a Walter Mitty type fantasist or someone who gets their kicks out of winding up strangers on the internet.

Dav010

Bizarre.

https://www.boards.ie/discussion/comment/117689153#Comment_117689153

Whatever. If the story is even true to begin with, the OP didn't say they were fired for being pregnant, a parent, gay, a woman, a Traveller, or any other equality ground. It didn't happen.

screamer

Strange how someone comes on a forum looking for advise and then attacks and berates every post that doesn’t agree with their world view, if the OP knows it all, why bother coming on here at all….

Palmach

https://www.boards.ie/discussion/comment/117718894#Comment_117718894

I actually got a lot of good feedback. I didn't attack anyone for giving their opinion. I attacked people for saying the story was BS.

Seve OB

https://www.boards.ie/discussion/comment/117718894#Comment_117718894

Strange how someone asks the forum for advice and gets berated by every other post for concocting a story.