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A nursing home assistant who was accused of elder abuse and subsequently fired, has won her case for unfair dismissal and has been awarded €7,000.
The Employment Appeals Tribunal was told that Bridhaven Nursing Home in Mallow, Co Cork was obliged to have a zero tolerance policy in respect of any staff conduct judged to fall within the definition of elder abuse.
The nursing home called a number of witnesses to the tribunal hearing in Cork in September to show “substantial grounds” to justify the dismissal of Dora Szabo on the grounds of elder abuse.
Ms Szabo admitted that she had responded in kind to an elderly resident who had verbally abused her when she told him she would not give him a requested fourth bowl of sugar.
She said that she judged a fourth bowl of sugar not to be any good for the resident and said that, when insulting her, he had referred to her as a man.
Ms Szabo told the tribunal of “particularly sad circumstances” which had impacted upon her personal life at the time, to such an extent that she might have been much better advised not to attend work at all on the day in question.
In its finding, the tribunal determined that the dismissal was a disproportionate sanction.
Allowing her claim for unfair dismissal, it awarded Ms Szabo compensation of €7,000.