The complaint claimed the child the worker was minding became unruly and aggressive.
The incident happened during a visit to see Santa three years ago. (stock photo)(Image: Getty Images/Tetra images RF)
A provider of care services to children with additional needs has been ordered to pay almost €17,000 in compensation to a care worker who was fired after raising concern about his own safety and the child he was supervising during a visit to Santa three years ago.
The Workplace Relations Commission (WRC) ruled that the service provider had unfairly dismissed the support worker for having made a protected disclosure about an incident when the child was on a pony and trap ride with Santa on December 17, 2022.
The care worker had begun employment at the centre in Leinster, which provides a day respite and therapy centre for both children and adults, the previous month. However, the names of the parties were not published to protect the identity of the child.
The WRC heard that the support worker made a protected disclosure because he had a reasonable belief that there were inadequate safety protection measures and protocols in place when the child became upset and frustrated at not wanting to be taken off the Santa ride.
The Workplace Relations Commission building in Lansdowne House, Dublin.
However, the service provider expressed shock at how a relatively minor occurrence was escalated and how the worker had lost control of the situation.
It claimed the complainant’s employment was terminated because his wish that the child should be restrained forcefully ran contrary to the ethos of the centre,
The complaint claimed the child he was minding became unruly and aggressive.
His recollection of the incident was supported by his line supervisor who claimed equipment to protect care workers and children were inadequate.
The supervisor denied that the incident was short-lived as it had lasted for at least 30 minutes.
However, another care worker, who had experience of minding the child, maintained the child was not unduly aggressive and was just moving his arms. Her evidence was also supported by a bus driver with the group.
The WRC heard that the incident resulted in the complainant having an animated exchange with the manager of the centre which was witnessed by a director.
The complainant, who was visibly shaken, was sent home and his employment was terminated four days later as it had become clear that he was “not a good fit” for the centre.
The service provider claimed a contract of employment could be ended during a probationary period without the necessity of a formal hearing or holding a more structured investigation.
WRC adjudication officer, Brian Dalton, said it was not the role of the tribunal to make any finding on the adequacy of safety protocols in place at the centre.
Mr Dalton observed there was conflicting evidence between the parties but he found the evidence of the other care worker to be persuasive that the child had calmed down relatively quickly when under her care.
However, he ruled that the complainant would still be in employment but for having made a complaint about how ill-equipped he was to deal with what he found to be a very challenging situation.
Mr Dalton said the complainant’s evidence was credible about his belief that his safety was at risk.
He said the evidence in the case overwhelmingly supported the finding that the dismissal followed the complaint about safety and was unrelated to any performance review.
Mr Dalton stressed that it did not mean the complaint had merit.
However, he said it was genuine and was “not mutually exclusive to a caring and client-centric ethos.”
“It was primarily about his own safety and he was entitled to make that complaint without being penalised for it,” he added.
The WRC ruled that it would make a single award of €16,800 – the equivalent of six months’ pay – for the finding that the care worker was both unfairly dismissed and penalised for making a protected disclosure.
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