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Man who may have fallen asleep three times at work awarded €4,000

The man involved, a care assistant, disputes his boss’s account of events.

A MAN WHO was dismissed from his job looking after patients in a private psychiatric hospital and nursing home has been awarded €4,000 for unfair dismissal.

This decision was made by the Employment Appeals Tribunal which found that the appellant in the case, who was a care assistant, had been unfairly dismissed by his employer Bloomfield Care Limited.

The patient that he had responsibility for looking after was described as being “extremely paranoid, psychotic, and extremely unpredictable” as well as having a history of violence against women. The patient required constant supervision by a male staff member as he did not sleep through the night.

How did this come about?

This started when the appellant had a change of boss.

His new senior was a psychiatric nurse and a assistant director of the facility that he worked at. She claimed that in the course of her inspections she had discovered the appellant asleep on the job on three separate occasions across different shifts.

The appellant in the case disputes his boss’s claims, and says that rather she had acted aggressively towards him, and refused to give him breaks when he asked for them – something that his former boss had always done.

He received a letter on 12 June 2012 calling him to a meeting on 26 June to investigate the situation. Subsequent to this he received a letter of dismissal.

What was the decision?

The tribunal decided that the appellant was unfairly dismissed. Part of its decision was based on the fact that the respondent in the case, Bloomfield Care Ltd, should have taken action against the appellant sooner after the first incident which it considered to be gross misconduct.

Since they did not take any form of action after the first incident, the later dismissal was not considered in keeping with their disciplinary policy.

Read: €5,000 for worker unfairly sacked in row over brother-in-law’s business

Also: Abercrombie say they hire ‘models’ for their stores so Muslim hijabs are not allowed

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38 Comments
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    Mute Ann Glasgow
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    Jun 9th 2015, 10:11 AM

    very moving documentary and very difficult to watch. just goes to show that how a person is treated as a child stays with them all through life.

    207
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    Mute Micheal S. O' Ceilleachair
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    Jun 9th 2015, 10:20 AM

    Nomination for Nobel Peace Prize. I hope Christina and her siblings schedule re-unions a few times each year. They deserve to have the time to be together without the intrusion of media and cameras. It might help them fill the empty space that they hover over at the moment. Each of the four no doubt have their own separate circles of friends. They need now to be afforded the space to reaffirm that special circle of friends called family.

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    Mute John O Herlihy
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    Jun 9th 2015, 10:20 AM

    She has such passion for children.she is an inspiration to us all.it was a compelling programme

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    Mute Niall Fitzpatrick
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    Jun 9th 2015, 11:30 AM

    I read her book nearly two decades ago and it still haunts me. I couldn’t understand how her work in Vietnam wasn’t more well known but maybe her account of her childhood was probably too raw for a lot of people. She’s been a personal inspiration.

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    Mute CorkBoi
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    Jun 9th 2015, 10:11 AM

    Some people when they’re at their happiest (singing) show real pain .

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    Mute Trauma Release TRE
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    Jun 9th 2015, 11:32 AM

    Wonderful to see how television reached the hearts of the Irish people (the word premiere was held in Dublin last September). And don’t miss the film NOBLE when it comes around again. It would be nice now to have Journalists, Senators and Politicians comment on Christina Noble’s story, in the context of what is happening in Geneva right now, as Ireland faces the United Nations condemnation of our serious lapses with Human Rights at home.

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    Mute joeythelad
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    Jun 9th 2015, 3:13 PM

    After watching the programme I think Christina has mentally suffered from her years in an institution you can see the hatred in her against the government and the church at the time and I think her way to deal with that is to look after those unfortunate children .one part where I thought she was out of order was when she made a verbal attack on what she thought was a priest ,you know a lot o priests were sickened as to what happened to these kids too there are a lot of good priest out there . .One more thing I want to say ,I was also institutionalised in an industrial school for years just for not going to school and was abused also but like Jesus I have learned to forgive but not forget I always say those abusers will have to face judgement some day but overall I feel so sorry for Christina for the way it has affected her

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    Mute Ann Glasgow
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    Jun 9th 2015, 4:05 PM

    @ joeythelad, i agree with you , i found it difficult to watch as christina’s pain is very evident and of course well founded. i was also surprised with the response she got in the pub , dont why ? what i find surprising is that many people either dont know that she is irish or dont know anything about her work at all!
    i hope herself and her family have the time they need to try and bond and she finds some peace. so glad that you have learned to forgive , i am not so sure i could forgive, all the best

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    Mute David Clarke
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    Jun 9th 2015, 8:10 PM

    What a great woman

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    Mute Denise Friary
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    Jun 9th 2015, 1:33 PM

    Nice house in Texas as well

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    Mute Ann Glasgow
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    Jun 9th 2015, 4:00 PM

    denise, did you watch the programme? what has her brothers house in texas got to do with it? such an odd comment for this story!

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    Mute Tiffany Mary O'Brien
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    Jun 9th 2015, 6:23 PM

    I know,Denise !

    What should we do about it ? Genuine question .

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