Catering supervisor sacked over racial abuse loses WRC case: ‘How can I be racist?'
FAIR FIRING |
'I think the most serious part for me was that it made me out to be racist. One person said that when we were up in the A&E that I said: 'You're not Irish, you're black'.
Workplace Relations Commission.
Annette Ryan was dismissed from her part-time job as shift supervisor on an evening catering team at Waterford Hospital in September 2023 following bullying, harassment and racial abuse complaints from four of her subordinates.
She wholly denied all of the allegations made against her, including complaints that she decided to change one worker's name to 'Tom' because she 'didn't speak his 'lingo',' and that she insulted another worker with references to their 'fat ass'.
In a decision published today, a Workplace Relations Commission adjudicator concluded Ms Ryan's ex-employer, Campbell Catering Ltd, trading as Aramark, came to 'credible and reasonable conclusions' in a disciplinary process, and found that her sacking was 'fair in the circumstances'.
At an online WRC hearing in March this year, Brian Joyce of the Irish Business and Employers' Confederation (IBEC), appearing for Aramark, said Ms Ryan's manager, Marcin Skrzypczak was approached by a worker in July 2023 who complained of 'bullying and discrimination'.
Three more workers also came forward with complaints, and Ms Ryan was suspended pending an investigation, the tribunal was told.
Workplace Relations Commission.
News in 90 Seconds - June 11th
Questioning Ms Ryan at an online hearing in March this year, WRC adjudicator Gaye Cunningham said: 'There were a number of serious allegations made against you. Is it your case that you just said this didn't happen? Did you think they all made it up, or what?'
'I think the most serious part for me was that it made me out to be racist. One person said that when we were up in the A&E that I said: 'You're not Irish, you're black', or something like that. That wasn't the case at all, I'm not a bit like that, that's what I said to them,' Ms Ryan said.
'You think he made that up, is it?' Ms Cunningham asked.
'The person who said it, made it up? Of course he did,' Ms Ryan said.
These were addressed with the complainant at an investigation meeting in August 2023, the WRC decision recorded. Ms Ryan was dismissed the following month.
"How can I be racist? I've worked with these people for 13 years," she told the WRC earlier this year. Her evidence was that she had worked with 'people from Nigeria, China, everywhere' at Waterford Hospital and was 'not a bit like that'.
Her manager, Mr Skrzypczak, told the tribunal: 'I didn't feed anyone [anything] to go forward. People started coming to me, and as a site manager, I am responsible to act,' he added.
Company disciplinary officer, Vladislava Tsapova, told the hearing she considered the workers' complaints against Ms Ryan 'genuine'. 'They were people who were genuinely afraid of a person who was in a supervisory position,' she said, adding that Ms Ryan offered neither any explanation for her behaviour nor any mitigating factors. Read more
Brian Joyce of IBEC, who appeared for Aramark, submitted: 'The complainant was afforded a fair and impartial determination of the issues. Any allegation the process was flawed is denied.'
Ms Cunningham noted Ms Ryan's 'denial of the allegations at all stages' and her stated belief that she was 'set up' -- but concluded the employer had come to 'credible and reasonable conclusions in the disciplinary process'.
'Had [Ms Ryan] accepted or shown some acknowledgement or remorse… the penalty may have been less harsh,' she wrote.
'The dismissal of the complainant indicates that racial abuse and bullying in the workplace will not be tolerated by any reasonable employer,' she added.
The adjudicator dismissed Ms Ryan's complaint and ruled her sacking 'fair in the circumstances'.
In evidence to the WRC in March, Aramark regional manager, Stephen Power, said he decided Ms Ryan had a case to answer when he met her on August 17 for an investigation meeting, he said.
Ms Ryan offered no explanations when he presented her with the statements and responded with denials, he added.
Ms Tsapova said she chaired the disciplinary meeting with Ms Ryan on August 30, 2023. She said Ms Ryan offered neither any mitigating factors nor any explanations when the investigation findings were put to her.
She decided on the balance of probabilities that Ms Ryan had committed gross misconduct, with immediate dismissal given as a sanction on September 15, 2023, the WRC heard.
The tribunal was told the sanction was upheld on appeal by a senior manager.
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