Massage therapist at health farm claims unfair dismissal

A massage therapist, formerly employed at Powerscourt Springs Health Farm in Co Wicklow, has claimed he was unfairly dismissed…

A massage therapist, formerly employed at Powerscourt Springs Health Farm in Co Wicklow, has claimed he was unfairly dismissed from the company in April 2002.

The health farm's general manager, Ms Susan Flood, told the Employment Appeals Tribunal yesterday Mr Eugene Ahern was dismissed as a result of "gross misconduct" after walking out of his job a week before his dismissal in April following a heated debate with a treatment manager. Mr Ahern represented himself at the hearing.

The tribunal was told that Mr Ahern left while fully acknowledging there were clients awaiting treatment. He had failed to show for work three days earlier and did not notify management, it was claimed.

Ms Flood said she had spoken to Mr Ahern on two to three occasions prior to his dismissal. Mr Ahern conceded that he knew it was "possible" he may lose his job following his last meeting with Ms Flood before his dismissal.

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Ms Flood said she had asked the massage therapist about his problems of getting in on time and why he would not ring in when he was sick. He said he took 10 to 14 sick days during his 14-month period of employment, and that his schedule had caused him to become "rundown". Mr Ahern admitted he did not consult a doctor regarding his complaint. He accepted that while employed at Powerscourt Springs he would be 10 to 30 minutes late for work once every three or four weeks.

Ms Flood said that on taking on her appointment as general manager in April 2001, staff morale was low and she made changes that were to improve conditions.

Mr Ahern said unfavourable working conditions had put him under intense pressure. Five minutes between each client was not enough to set up his room for the next treatment and to walk some 100 metres to collect his client.

The system of health screening at Powerscourt Springs also put pressure on performance, Mr Ahern claimed. "I would have to bring a client into my treatment room without knowing about their health. This would leave me liable for a law suit".

The Employment Appeals Tribunal will deliver a decision within six weeks.