Dismissed for COVID mistake

Palmach · 28-07-2021 4:28pm #1

Female friend of mine was working in a hotel. She and a friend were sent on a 5 hour round trip by the hotel to get a Covid test. On the way back they stopped to eat outside. They had not eaten in at least 8 hours. They both went home and waited until eh next day the Covid test cam back negative. Sunday she receives an irate call from the HR manager accusing her of putting the hotel and all the workers in danger. Meeting next day the GM and the HR manager and both fired for "gross misconduct". This seems overly harsh considering it was an honest mistake. After she was dismissed the HR manager called her for another rant going on about her attitude and how she needed to cop on. What are the options?

Stheno · 28-07-2021 4:32pm

https://www.boards.ie/discussion/2058201201/dismissed-for-covid-mistake

They stopped at the hotel to eat? Or somewhere else?

What.Now · 28-07-2021 4:32pm

https://www.boards.ie/discussion/2058201201/dismissed-for-covid-mistake

What were they dismissed for?

Seve OB · 28-07-2021 4:37pm

Of course if you work somewhere you are supposed to wrap yourself in a bubble (actual bubble wrap) and never again interact with another living being until such time as Covid has passed us by.

in the real world, I would be suing the pants of the employer in this circumstance

I would also clarify that they made no mistake, covid or otherwise. When I saw “covid mistake” I actually expected to read something like they knew they were positive but went to work anyway

dreamers75 · 28-07-2021 4:37pm

How long was she working there?

Altho I could see that stand as gross misconduct considering the hotel sent them for reason not mentioned in the OP.

sprucemoose · 28-07-2021 4:42pm

https://www.boards.ie/discussion/2058201201/dismissed-for-covid-mistake

5 hour trip to get tested?

28-07-2021 4:44pm

They are entitled by law to a break after 5 hours.

If the company is seeking to dismiss for gross negligence you are entitled to be advised in advance and have union / representative present for the meeting.

Presuming it's completely as stated by the op, I would be suggesting they take the legal route

Ger Roe · 28-07-2021 4:45pm

There is not enough background info provided to make a judgement call on this :

What were the circumstances that resulted in them being sent for a test and what were they then specifically fired for - IE what was the gross misconduct charge?

ax530 · 28-07-2021 4:48pm

I would guess it matters if the test was due to symptoms.

If you have covid symptoms and get a test cannot do places (shop, to eat ect) until get results that will determine how many more days 'isolating' so maybe hotel could say due to breaking that rule.

If hotel sends staff to walk in centres every now and again for precaution presume rules around those are different as no symptoms