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Man awarded €3,000 for being unfairly sacked after Garda vetting showing he had an assault conviction

The man lasted less than one month with his employer, a care home, after his vetting form showed he had multiple convictions.

File Photo Middle-ranking gardaí say there is a chronic shortage of supervisors to monitor the increased number of gardaí being recruited. The Association of Garda Sergeants and Inspectors said more than 160 more sergeants are needed immediately. End Leah Farrell / Rollingnews.ie Leah Farrell / Rollingnews.ie / Rollingnews.ie

A SOCIAL CARE worker has been awarded just under €3,000 from his former employer after it emerged he had been sacked over revelations emerging from his Garda vetting.

The man commenced work with his employer, a care home, in December 2017.

He was let go less than one month later.

The man, making his case at a hearing of the Workplace Relations Commission (WRC), said that he had made the home aware of his conviction at the time of his interview in November of 2017.

He subsequently volunteered his Garda Vetting Form from his previous employer, who he had worked for for three years and was leaving in order to take up the new position.

Garda vetting is required under Irish law for all people aiming to work with either children or vulnerable adults.

After the man submitted his GVF, his new employer acknowledged the receipt of same and asked him to commence work two weeks later on 11 December, which he did.

One month into that employment, on 3 January 2018, the received a call from the care home’s HR manager telling him not to attend work that day because of a disclosure on the GVF.

‘Treated very unfairly’

The following day he received an email telling him that his complaint had been terminated. He appealed the decision and said he was being “treated very unfairly”. That appeal was denied.

No representative from the care home attended the WRC adjudication hearing. However, emails submitted by the man showed the home was of the opinion that, while the man had admitted to a 2001 conviction in his interview, he had not mentioned another conviction dating from 2013.

Following the man’s dismissal he remained out of work for three months until April, whereupon he started a new role on slightly better terms.

Ruling on the matter, adjudication officer Roger McGrath stated that the home had not, in his opinion, been unfair in dismissing the man as “the existence of previous convictions had serious implications for the Respondent”.

However, he said the home had been remiss in not granting the man an initial hearing to state his case, and that this was a break with the home’s obligation to utilise fair procedures.

As a result, McGrath concluded that the man had been unfairly dismissed, and recommended that he be awarded one month’s pay, or €2,984.82.

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11 Comments
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    Mute john mack
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    Nov 17th 2012, 11:15 AM

    Ahhh here leave it out.. what about the words of wisdom from Michelle with regards to the bravery awards to the garda. Priceless, just priceless. Any chance of having a Saturday/Sunday morning Darwin post of the week where a stupid comment (not a troll) acts as an application form or would this be seen as bullying :(

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    Mute Jane O'Sullivan
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    Nov 17th 2012, 11:47 AM

    I agree, Michelle was outstanding!

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    Mute Mike Clinton
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    Nov 17th 2012, 12:24 PM

    Michelle was just the tonic for a bad week.
    It’s a long time since I had such a laugh Michelle .
    Thanks.

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    Mute jonathan kerr
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    Nov 17th 2012, 12:53 PM

    I was hoping her comment was here to.. really injoyed the replies she got.. made my day so she did..

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    Mute harry ford
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    Nov 17th 2012, 1:35 PM

    I understand her initial comment was somewhat comical to read but what wasn’t comical was when no less than 20 users began berating her with varying degrees of snide remarks. I also understand that she retaliated in a poor manner… But like the saying, what do you expect from a badger if you back it into a corner? The comments section was something you could expect on a YouTube thread but I was disgusted to see such a personal attack with ‘crowd mentality’ against a single person…. But hey, it was all in the name of fun I guess so who cares? I do.

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    Mute Liz Carr
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    Nov 17th 2012, 4:57 PM

    @ harry, i completely agree with you. I don’t agree with Michelle’s opinion but it was just that, her opinion. From the moment she posted her opinion she was met with a barrage of abuse, calling her a moron, retarded, dumb, half brained….. She actually tried to explain herself and her opinion 3 or 4 times before she resorted to petty insults. It’s pretty concerning that most of the so called “intelligent” posters felt the need to instantly react to her comment with childish name calling. Pot, kettle, black I think!

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    Mute harry ford
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    Nov 17th 2012, 6:07 PM

    I was surprised at how quickly a usually fairly intelligent forum for debating current events descended into something that seemed more like a primary school yard. I don’t mean to be condescending but who knows if she has learning issues or otherwise, maybe she has none but it still doesn’t excuse the behaviour of a supposedly civilised society.

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    Mute john mack
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    Nov 18th 2012, 2:28 AM

    I laughed out loud may have given her a red thumb but didn’t partake in the crude comments, don’t like the mob mentally of bullying but her first few comments were priceless till people posted with venom.

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    Mute john mack
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    Nov 18th 2012, 2:30 AM

    And it’s true what they say about bullies being cowards when you look at the sudo names used.

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    Mute Buckwheat MacMillan
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    Nov 18th 2012, 11:12 AM

    Which article? I’m intrigued!

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    Mute john mack
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    Nov 18th 2012, 11:55 AM
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    Mute EP
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    Nov 18th 2012, 1:10 PM

    Just read that thread re the gardai and the comments that followed..looks like some have been deleted already.. What id like to know is why the whole thread hasnt been taken down? Its an absolute disgrace particularly when you take into account the recent stories regarding cyberbullying etc. There was little or no debate in relation to the content of the story, the comments reduced to total and utter personal abuse. how anyone could have enjoyed reading it is astounding.

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    Mute Petr Tarasov
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    Nov 17th 2012, 2:48 PM

    Katie Does, brilliant comment.

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    Mute Damien Flinter
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    Nov 17th 2012, 3:56 PM

    Big time…but the Opus Dei dinosaurs are still trampling.

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    Mute ponythegringo
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    Nov 18th 2012, 12:51 PM

    I did not post twice , I swear!

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    Mute ponythegringo
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    Nov 18th 2012, 12:46 PM

    I’d like to thank my mom and dad and my brothers and me dog and my producer and anyone who knows me , thank you so much …..sob ..;)

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