The Workplace Relations Commission has mandated independent TD Violet-Anne Wynne to pay a sum of €11,500 to her previous employee, Fiona Smyth. Ms. Wynne’s decision to sack Fiona Smyth last year was labelled as “quite astonishing” by a commission adjudicator.
Fiona Smyth was employed in Ms. Wynne’s constituency office in Clare from August 2021 to March 2023. She was let go with just a week’s severance pay. Fiona alleged that her dismissal violated section 8 of the Unfair Dismissals Act of 1977.
As part of her duties, Fiona undertook general administrative tasks, answered phone calls, and handled emails. She informed the commission that she had a suitable working relationship with Ms. Wynne. A performance evaluation in November 2022 involving a rearrangement of the office’s operations did not reveal any issues. Fiona stated that she was not aware of any issues that Ms. Wynne might have had that could threaten her job.
Fiona mentioned that Ms. Wynne was supportive when she and her husband were going through IVF. However, Fiona felt that her privacy was invaded when Ms. Wynne requested a letter from a consultant detailing her treatment plan when she applied for certified sick leave. Fiona argued that this matter should have been handled by the HR department of Oireachtas.
Further, Fiona told the hearing that her husband’s affiliation with Sinn Fein, a party Ms. Wynne was a member of when she won the Dáil seat, was also becoming a matter of concern. However, what eventually led to her dismissal was her requesting time off on short notice due to her brother’s sudden illness, as he had long-standing health issues.
The presiding officer, Louise Boyle, expressed surprise at Ms Wynne’s decision to dismiss the plaintiff, communicated through the plaintiff’s union representative. It was revealed during the hearing that, despite eventually accepting Ms Smyth’s leave request, Ms Wynne proposed another performance assessment.
In response, Ms Smyth, with the assistance of Siptu union support, sent a letter to Ms Wynne demanding a delay of the review. The letter also addressed workplace guidelines and questioned their compliance.
Ms Wynne responded to the correspondence brusquely, advising the union that the tone of their communications was “objectionable and unwelcome”. She expressed her intention to end Ms Fiona Smyth’s contract and asked the latter to return her office keys.
Ms Wynne testified that there were ongoing performance-related concerns with Ms Smyth. These issues, despite the absence of any written warnings, were recognised by Ms Smyth during their conversations. Ms Wynne also mentioned Ms Smyth’s inability to adhere to communication procedures and an incident where she claimed overtime for a week she was absent due to Covid-19. Ms Smyth, however, assured that her overtime was duly authorised.
Following the dismissal, Peter Glynn, in a communication to the Oireachtas HR department, recommended mediation. Ms Smyth was open to the suggestion, but Ms Wynne rejected it. The adjudicating officer, Louise Boyle, highlighted Ms Wynne’s multiple breaches of trust but criticised the abrupt termination of employment without any due process or clear reason.
Officer Boyle stated: “The opposing party neglected to undertake any procedures prior to the dismissal, declined to offer an explanation for the termination, did not provide any appeal process, and disengaged from mediation attempts.”
Finally, she concluded the dismissal as unjust and awarded Ms Smyth 15 weeks’ salary, amounting to €11,500, as she subsequently could only find lower-paying work.
Ms Smyth’s legal representation was provided by Áine Feeney from Siptu’s Workers Rights Centre. Initially intending to postpone, Ms Wynne instead chose to represent herself, Ms Boyle noted, due to her inability to meet her lawyer’s demand for payment “up front” which was beyond her financial capacity.