An order of nuns has been told to pay their former HR manager €70,000 after the Workplace Relations Commission ruled that they had treated her in a "callous" manner and unfairly dismissed her.
The Little Sisters of the Poor had treated Geraldine Baxter with disregard, and ended her employment of 15 years by email following a dispute over annual leave and working from home, adjudicator Breiffni O’Neill said.
The adjudicator added: "This is an extraordinary case, representing one of the most egregious examples of the mistreatment of an employee by an employer that I have encountered in my professional life."
Mr. O’Neill said Ms. Baxter had begun working for the order as a payroll administrator on April 25, 2008. In 2016, she was promoted to the position of HR manager. She was dismissed on the grounds of gross misconduct on July 17, 2023.
Mr. O’Neill said the evidence was that her working hours had been reduced in 2016 from a five-day to a four-day working week.
At the time, it was agreed that Ms. Baxter would retain her contractual right to 20 days’ annual leave – although this was never set down in writing. There was also an oral agreement that she could work from home.
"Extraordinary"
However, in April 2022, the order’s newly appointed UK HR manager called her to a meeting to discuss two allegations – that she had falsified her timekeeping/overtime records and that she had falsified her annual leave records.
Ms. Baxter said she had always been completely transparent and accountable in relation to such matters, Mr. O’Neill said.
She expressed her concern that the order was trying to remove her from her job and replace her with a younger member of staff on a lower salary.
She was told by the same manager in late May that she was being suspended with no further discussion, "to allow an investigation to take place."
In June, she was told she must attend a disciplinary meeting, to face what had now become four allegations. She was never given any investigation report, and ultimately took sick leave for stress.
In January 2023, having still received no notice of any further investigation, she asked to be reinstated, but was told she was still suspended. By July 2023, she was told that she was guilty of gross insubordination, despite having never had that allegation put to her, Mr. O’Neill said. She appealed, but was unsuccessful.
"Inexplicably disregarded"
Mr. O’Neill said the UK HR manager had admitted under cross examination that there was no evidence that Ms. Baxter had falsified timekeeping records, and that she had relied on the fading memory of a nun about whether Ms. Baxter had been allowed to keep her full holiday entitlement.
In addition, the UK manager had "inexplicably disregarded" the testimony of the HR administrator, which backed up Ms. Baxter’s position regarding her holiday entitlement.
He ordered that she be paid the maximum award of 104 weeks’ remuneration, totaling €70,560.
*This article was originally published on Extra.ie.
Comments