ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR SC-00003227
Parties:
| Worker | Employer |
Anonymised Parties | A Childcare Worker | A Childcare Company |
Representatives | Self-Represented | Company Managers |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Industrial Relations Act,1969, Section 13 | IR SC-00003227 | 2nd October 2024. |
Workplace Relations Commission Adjudication Officer: Michael McEntee
Date of Hearing: 14/05/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
Background:
The Dispute concerned a Childcare Worker and a Childcare /Creche Company. The Employment began on the 2nd September 2024 and ended on the 27th September 2024. The Worker maintained that she had been Constructively Dismissed. The rate of pay was stated by the Worker to have been €2,538.62 per month. |
1: Summary of Workers Case:
The Worker stated that she was a very experienced childcare Worker in her native Brazil. The guiding philosophy and pedagogical practices of the Creche where she had been employed in Ireland were at variance with her deeply held educational / pedagogical views. She had participated in a Training session on the 14th September 2024 where she had felt that her views were being taken on board. However, things did not change, and she had submitted her resignation. The Employer had, in response, offered her a promotional positon and help with a work visa application. However, she was not willing to compromise on her views and had reiterated her resignation request. On the 27th September an issue had arisen over the cleaning of a Classroom. Other former colleagues had posted, what she stated were very disputed, photographs, of her Class Room on Social Media. This was highly embarrassing and bordered on legal libel. This confirmed her decision to resign. She was seeking a decision from the WRC endorsing her Constructive/Dismissal Resignation and compensation for her humiliation/moral outrage over the Socia Media incident.
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2: Summary of Employer’s Case:
The Employer stated that they had always held the Worker in very high regard as a Teacher/Creche person. It was accepted that there had been philosophical/ pedagogical discussion, but these had always been professional differences of opinion. The Employer was never anxious to see the Worker leave and had offered her a promotion and assistance with her Work visa. As regards a claim of Constructive Dismissal the basic fact was that the Worker had never raised any procedural/ employment Grievances regarding her treatment. The Employer felt that the Dispute was inappropriate for a WRC Hearing. It was never a Trade Dispute as described in the Act. Incidents over the cleaning of the classroom should never have gone on Social Media and all staff were Immediately reminded on the Employer policy as regards Social Media. It was stated that as a Creche they had to be particularly vigilant in this area. |
3: Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
There were deeply held and differing views regarding Childcare/Pedagogical and Creche Management issues in this case.
It is only fair to say that the Industrial Relations Act,1969 was primarily designed for Trade Disputes between Workers and Employers in the general industrial sphere.
It is beyond the professional competence of an Adjudication Officer to comment on philosophical Pedagogical /Managerial issues in a Childcare setting, provided of course that no major issues of breaches of Natural Justice arise. None were apparent here.
As regards the claim of Constructive Dismissal it was clear that the Worker had indicated very early on in the relationship that she was unhappy and was going to resign on “Philosophical / Pedological” Grounds. No formal grievances were ever lodged with the Employer.
The standard tests, (in a Constructive Dismissal case under the Unfair Dismissal Act, 1977), of Breach of Employment Contract and Unreasonable Behaviour could not really apply as there was no substantial evidence presented and the period of employment was so short.
The issue of the Social Media photographs was most unfortunate.
It has to serve as a warning to the Employer as to the minefield all Employers face -especially in the Childcare area.
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4: Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
IR-SC-00003227
It is Recommended as follows
- The dispute of Constructive Dismissal is not upheld in the Worker’ favour.
- No Recommendation is made on the issue of Pedagogical /Philosophical concerns in operating a Creche. This is not in the zone of Competence of a Dispute under the Industrial Relations Act,1969. Other statutory bodies are available in this area.
- It is Recommended, in relation to the Social Medical incidents, that a Charitable lump sum of €250 be paid by the Employer to the Childcare Section of the St Vincent de Paul Society. This is without any suggestion of any liability.
- It is Recommended that all Employer Staff be refreshed in their Training on Social Media Policies especially WhatsApp Groups among staff and the dangers thereof to a Childcare company.
Dated: 30th of July 2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Childcare, Social Media, Constructive Dismissal |