Monday, December 08, 2008

Cleaner refuses sabbath work, gets €18,000 compensation

A cleaner in a nursing home who could not work Saturdays because of her religious beliefs was awarded €18,000 compensation after she was unfairly sacked for not working the weekend roster.

In a controversial ruling by the Employment Appeals Tribunal, Monica Mulaj Damian of Bettystown, Co Meath, claimed she had told her employers – Sunhill Nursing Home in Termonfeckin, Co Louth – she did not work on Saturdays and was told this would "not be a problem".

Although it was not stated in the tribunal's ruling, it is understood Damian is a member of the Seventh Day Adventist Church.

The Christian church, which has over 400 members in Ireland, regards Saturday as the sabbath and has strict rules regarding its observance from sunset on the Friday.

But the nursing home argued her contract of employment clearly provided for a liability to work a 'five over seven' week, ie, work any five of the seven days.

It also rejected arguments Damian did not understand what 'five over seven' meant and said she had the contract for two weeks before signing it.

Drogheda-based solicitors McKeever Taylor for Sunhill nursing home also said Damian conversed in English and even wrote notes in English and couldn't argue she didn't understand English language.

The nursing home also claimed it was unaware of Damian's religious beliefs and said it only came to light when she was away on leave and it transpired she was re-arranging the cleaners' roster so she would not have to work Saturdays.

But the tribunal said Damian, who is a single parent with three children, "did not understand nor was it explained to her the implication of the clause in her contract of working five days over a seven-day week".

The tribunal also noted Damian had brought her pastor to the disciplinary hearing but noted he had not said anything.

"We have already lodged an appeal against the decision," a spokesman for the nursing home's solicitors told the Sunday Tribune last week.

This is not the first cultural clash between religious beliefs and workplace rules in Ireland. Last year, the then garda commissioner Noel Conroy said garda uniform rules would not allow a Sikh reserve recruit wear a turban as required by his religion.

The individual involved has since lodged a claim of discrimination on the religion ground under the Employment Equality Act. +++++++++++++++++++++++++++++++++++++++++++++++++++
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(Source: ST)