A CHILDCARE worker who was dismissed from a creche following a complaint that she hit a child on the back and pulled his soother from his mouth has received €46,800 in an unfair dismissals case.
Neither the claimant, who was employed as a childcare assistant, nor the employer was named in the Employment Appeals Tribunal determination. The case was heard in Wicklow earlier this year.
The owner of the creche, which employs 10 and caters to 40 children, became aware of the allegation in July 2009 when the parents of a 2½-year-old child alleged the claimant had become cross with him, hit him on the back and pulled his soother from his mouth.
The owner put the allegation to the claimant who denied it. However, she was suspended on full pay pending an investigation.
The owner carried out the investigation and interviewed members of staff. The claimant attended several investigative and disciplinary meetings. In September 2009 she was summarily dismissed on grounds of gross misconduct.
An appeal hearing held in October 2009 was carried out by the owner. The decision to dismiss her was upheld on appeal.
The claimant, who worked in childcare for seven years, told the tribunal that when she was dismissed from her post she was shocked and upset and suffered severe mental disorder as a result.
The tribunal found, because the same parties carried out the investigation stage, the disciplinary stage and in particular the appellate stage of the investigation, this breached the principle of nemo judex in causa sua (no man may be a judge in his own cause) and awarded the claimant €46,800.