Kitchen Worker Awarded €7,800 After Discriminatory Dismissal

UPDATE: A kitchen worker has been awarded €7,800 for discrimination after being unfairly dismissed via text message, just one day after falling ill due to her disability. Caroline Silva was employed by Bellew Food Company Limited, trading as Finnegan’s Farm in Meath, for less than two months when she was abruptly let go on November 6, 2022.

Silva’s case has drawn attention following her allegations that her dismissal was directly linked to her health condition. She reported feeling unwell on November 5, after starting her shift at 7 AM. A colleague assisted her to a changing room, but she claimed no one was available to take her to the hospital. After consulting her doctor, she was diagnosed with hypertension, a symptom of her pre-existing blood condition.

The situation escalated when Silva provided management with a medical certificate covering her absence on November 6 and 7. That day, she received a WhatsApp message from the production manager questioning her fitness to work due to her “ongoing absences.” Within hours, she received a second message terminating her employment, stating, “Hi Caroline, just talked to my general manager about you and unfortunately we need to let you go, it didn’t work out, sorry about it. Wish you all the best in the future.”

Silva responded, seeking clarification, but received no further communication from the company. She argued that her dismissal was too coincidental, coming immediately after her illness linked to her disability.

The Workplace Relations Commission (WRC) reviewed her case, and adjudication officer Roger McGrath confirmed that the company had been aware of Silva’s disability. He ruled that her dismissal was indeed discriminatory. “I find that the complainant has adduced sufficient evidence to establish a prima facie case,” McGrath stated. “In the absence of evidence from the respondent, I find the complainant was discriminated against.”

This ruling highlights the pressing need for workplace equality and the protection of employees with disabilities. Silva’s experience serves as a vital reminder of the importance of fair treatment in the workplace.

As this story develops, more attention may be drawn to workplace practices regarding employee health and discrimination. The implications of this case extend beyond Silva, urging companies to reflect on their policies and practices concerning employees with disabilities.

Stay tuned for more updates on this developing story and others like it that affect workers everywhere.