Rehab worker with special needs who tried to steal money from colleagues awarded compo
The woman, who has an intellectual disability, claimed the sanction of her dismissal was disproportionate
A Rehab employee with special needs who attempted to steal money from colleagues has been awarded €2,500 in compensation after a tribunal ruled that a decision to dismiss her was unfair.
The woman, who has an intellectual disability, claimed the sanction of dismissal was disproportionate. While accepting she was wrong and deserved to be sanctioned, she argued it should have been a final warning rather than dismissal.
The Workplace Relations Commission ruled that the failure of Rehab to provide evidence from the individuals who made the decision to fire the complainant meant her dismissal was technically unfair.
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Rehab Enterprises, the country’s largest private employer of people with disabilities, claimed it had followed fair procedures in the decision to dismiss the woman as the matter had been fairly and thoroughly investigated. It also stated that theft cannot be condoned as an employer must have trust in their staff.
The WRC heard that the complainant accepted she was wrong when she searched a cloakroom with the intent of taking money from colleagues but stated such an action was out of character.
The woman said she was deeply unhappy at the time as she had been moved from a centre where she had worked since 1996 to another centre because of the Covid-19 pandemic which was hugely disruptive and destabilising for her.
SIPTU shop steward, Josephy Ateb, who represented the woman, gave evidence that Rehab had done nothing to return her to her old centre in response to several representations he had made to management about her mental health.
Mr Ateb claimed Rehab had shown no concern about the negative effect of the relocation on the complainant. WRC adjudication officer, Brian Dalton, noted that the ethos of the Rehab Group is to enable people with disabilities to live lives of their choosing.
In his ruling, Mr Dalton observed that Rehab had only provided evidence from managers who were not directly involved in the decision to dismiss the complainant.
He pointed out that Rehab staff involved in the decision failed to attend a second day of a hearing in the case which was specially arranged to facilitate their attendance.
Mr Dalton said the woman had detailed reasons why she should have been given a second chance. He also noted there had been no issue with her work for over 20 years and what had occurred was clearly out of character.
The WRC accepted that cases of theft would normally result in the dismissal of an employee. However, Mr Dalton said the facts showed that the employee in the case before the WRC, who had a disability, had been making representations prior to the incident about how she was not settling in to her new working environment.
He said the failure of staff who had made the decision to dismiss the woman to attend the WRC hearing to prove their decision was fair compromised Rehab’s case. As a consequence, Mr Dalton said her dismissal was technically unfair.
However, he said the woman’s contribution to her dismissal by attempting to steal from her colleagues would bear on the level of redress. The WRC ruled that reinstatement or reengagement was not an option in the circumstances of the case and only a small level of compensation was merited.
Awarding a sum of €2,500, Mr Dalton remarked: “While the complainant has a disability, she has the moral compass to know what she did was wrong.”
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