Workplace Relations Commission (WRC) adjudicator Gaye Cunningham found found that as there was no due process as provided for in the Missionary Sisters of St Columban’s code of Disciplinary procedures, Jessica Tyrrell Browne was unfairly dismissed.
The two sides disputed the circumstances of Ms Tyrrell Browne’s dismissal.
The Missionary Sisters of St Columban charity operates St Columban’s Nursing Home in Co Wicklow. Ms Tyrrell Browne began working there as a carer in February 2022.
She said that following an incident at work on July 8, 2024, where she alleges that she was subjected to intimidating and threatening behaviour from her supervisor, she was so upset that she had to leave work before her shift ended.
She claimed she was told by her supervisor: “If you walk out that door, your job is gone”.
Ms Tyrrell Browne said she then went to a sister, the manager, and explained that she could not continue her shift given the situation.
She claimed the sister responded by stating if she left early she would not be welcome back on the premises and her contract would be terminated. Both the supervisor and the sister deny they said those words.
In a letter to her employer in November 2024, Ms Tyrrell Browne said she considered herself to have been unfairly dismissed where she was informed by her line manager that "if you walk out that door, your job is gone" and was further informed by the sister that "if you leave your shift early you will not be welcome back on the premises and your contract will be terminated".
In response on December 5, the Missionary Sisters of St Columban stated: “It is clear to us that you were not dismissed, and further, that in spite of any misunderstanding that may have arisen on July 8th 2024 you were given every opportunity to return to duties and for any grievances or other issues to be resolved. In these circumstances, as we did not dismiss you, the issue of us giving notice to you did not arise.”
Ms Cunningham found that she had been unfairly dismissed but found that re-instatement or re-engagement were not appropriate remedies as the employment relationship has been irretrievably broken.