Children’s charity Barnardos has been accused of using a technical legal argument in a “ploy” to shut down a long-running employment rights dispute after the claimant was given an adjournment when her father died.
At the Workplace Relations Commission (WRC) on Tuesday, the charity’s lawyers moved an application that a complaint under the Unfair Dismissals Act 1977, brought by former worker Tara Smith, be “dismissed for want of prosecution” without hearing her evidence.
Ms Smith was let go by the charity in January 2021 on the basis of redundancy – a termination she has argued was unfair.
Objecting to the motion, Ms Smith’s representative, industrial relations consultant John Keenan, said his client had already been “closed down” once before when her complaint was first listed.
“I think it’s quite a disgraceful move by the respondent . . . I think it’s appalling that such an application would be made,” he said.
Referencing a hearing in 2022, Mr Keenan added: “A pre-emptory decision was issued by the WRC and we had to go to the High Court to have it quashed in order to have these proceedings and for my client to be heard. The fact of it is, my client was not heard.”
Barrister Emma Davey, appearing for Barnardos and instructed by Beauchamps, objected to the reference to a previous hearing. Mr Keenan said it was “a matter of public record”.
He said: “We’ve come here looking for fairness and justice; that’s what the legislation and this commission is designed to provide. To point a finger at us and say we’re inactive is without foundation. We had to go to the High Court to talk today.”
A hearing scheduled for November 14th, 2024, into Ms Smith’s complaints was postponed that morning by the WRC, Ms Davey said. “It wasn’t on consent. It wasn’t even on notice to us,” she said.
“My dad died the day before,” Ms Smith said.
Advancing the motion, Ms Davey said Ms Smith had her “sincere condolences” but added: “My issue is, we didn’t have any pre-warning.”
A year and 12 days later the WRC set a new hearing date, she submitted. She argued the legislation governing the proceedings provided for the dismissal of a complaint if there was a failure to pursue it for 12 calendar months. She noted several relevant witnesses were no longer with the charity.
Barnardos was “placed at a considerable disadvantage” in defending the case due to “the complainant’s delay”, Ms Davey further submitted.
After recess, Mr Keenan said: “I think it’s quite a disgraceful move by the respondent.”
Mr Keenan said the complainant had “relied on the advice from the Commission” when the case was put back in November 2024.
“If there was any delay, we say it is nothing to do with us, it is down to the WRC,” he said.
He asked that the application for strikeout be withdrawn. Mr Keenan said that a “technical legal argument” was being used as “a ploy to shut this case down”.
The case was adjourned for legal submissions.