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Irish Times
2 days ago
- Business
- Irish Times
WRC cuts dismissal award to Penneys worker who called bosses ‘scrotes' in WhatsApp group
A tribunal has made a reduced award to a Penneys worker after finding her mostly liable for her own dismissal after she replied with two 'crying laughing' emojis when a colleague declared she would 'skull drag' a manager in a WhatsApp group. The Workplace Relations Commission heard the claimant, Janine Halpin, also added: 'Hope she gets the s**ts for a year'. She told company investigators her posts were 'a show of support' for a colleague who had just failed in an appeal against her own sacking. Her trade union rep had argued that the allegations were 'beyond the realms of the workplace' as Ms Halpin was off work at the time and the messages were in an invite-only WhatsApp group. READ MORE The tribunal has upheld a complaint against Primark Ltd (which trades under the Penneys brand in Ireland) under the Unfair Dismissals Act 1977 by Ms Halpin, a part-time retail assistant, who was sacked for gross misconduct at the clothing retailer's store at the Square Shopping Centre in Tallaght, Dublin 24, on June 5th 2024. An adjudicator ruled that the company had turned its investigation into an 'ambush' by handing Ms Halpin a letter just half an hour before calling her into a meeting to be questioned on screenshots from the WhatsApp group. He cut the compensation awarded by 70 per cent due to her level of contribution and directed the company to pay Ms Halpin €1,277.64, which was less than four weeks gross wages rather than the four months' pay her trade union had sought in the claim. The tribunal heard Ms Halpin had a final written warning live on her personnel file when she was called in for a company investigation in May last year. The probe was launched after an anonymous tipster went to bosses at Primark with concerns about 'threatening' messages in an unofficial WhatsApp group called '052 Madness' – the number in the title being the internal store code for Penneys in Tallaght, the company submitted. After another Penneys employee wrote in the chat that she had just failed to have her own dismissal from the company overturned on appeal, Ms Halpin wrote: 'Little scrotes not taken you back [sic],' the company submitted. The other employee then went on to write: 'Gonna skull drag [a named manager] when I see her,' the submissions said. Ms Halpin replied with two 'crying laughing' emojis and wrote: 'I hope she gets the s**ts for the next year.' Asked if she believed her messages could cause offence to her colleagues, Ms Halpin said: 'Nope, no-ones names mentioned,' according to the investigation meeting minutes submitted by the company. Adjudication officer Jim Dolan found the only flaw in the company's procedure was that it gave Ms Halpin just 30 minutes notice of an investigation meeting. 'This lack of notice turns the invitation to an investigation meeting into an ambush,' he wrote. Although he found Ms Halpin's complaint well-founded, he ruled that she was 70 per cent liable for her own dismissal, and directed Primark to pay her €1,277.64. Greg Caffrey of Mandate appeared for the worker in the case, while Primark was represented by Michael McGrath of IBEC.

ABC News
26-05-2025
- Politics
- ABC News
Investigation finds NT ICAC gave 'unwelcome attention' to female staff
A workplace investigation has found the Northern Territory's former Independent Commissioner Against Corruption (ICAC), Michael Riches, breached his statutory obligations, including by giving "special and/or unwelcome attention to female employees". Mr Riches resigned as ICAC earlier this month following an 11-month investigation into eight allegations made by 18 current and former staff in his office, with a redacted extract of the investigation report published on Monday afternoon. Justicia Lawyers and Consultants partner Sarah Rey found five of the eight allegations were substantiated and concluded four of those constituted breaches of the NT public service code of conduct and Mr Riches' obligations under the Public Sector Employment and Management Act. Ms Rey found the remaining three allegations were not substantiated. The report's executive summary states three of the 18 interviewees "spoke positively" about Mr Riches' leadership, while also corroborating "conduct which was emblematic of the challenges in the office". "For example, one of those staff stated that [Mr Riches] 'had a thing for pretty girls in the office'," it reads. Ms Rey found the rest of the interviewees were "critical" of the former ICAC, with one telling her "something is off about his approach to female staff", while another described the office as "the most horrible place I've ever worked". "Fifteen interviewees described [Mr Riches'] leadership style in words such as erratic, micromanaging, controlling, distrustful, awkward socially [and] disproportionate," the summary reads. In his response to the allegations, the summary notes Mr Riches "rejected the descriptions" and "findings with respect to his leadership and engagement with staff". "He submitted that the allegations were tenuous, emblematic of trivial workplace grievances and in some cases, too old to be investigated," it reads. "He described the office as having been in disarray and a shambles for some years prior to his arrival." The summary also notes Mr Riches provided 13 references from former colleagues from other workplaces which "presented a picture very different to the experiences relayed by the interviewees". The references prompted Ms Rey to "carefully review her findings of credibility and motivations of those who brought complaints" but found "a consistency of themes" in the allegations, which supported the interviewees' account. "If there had been one or two staff complaining, that might have been explained away as simply a possible personality conflict," the summary reads. "However, 17 staff came forward of their own accord, and whilst a few might be dismissed on the basis that they had an axe to grind (or were motivated by bad faith or collusion), the investigator considers it unlikely that this could be said of all 17 people." The other substantiated allegations included Mr Riches having "acted unreasonably" in giving some staff "preferential treatment"; "engaged in repeated and unreasonable behaviour"; and was "unreasonable and unfair in his treatment of staff during the abolition of the 'coffee club'". Mr Riches had been on extended leave from his role since June last year when ICAC Inspector Bruce McClintock SC found he had not "improperly offered $20,000 to his former wife to suppress an allegation of domestic violence". The latest findings come after Chief Minister Lia Finocchiaro revealed her predecessor Eva Lawler had referred the workplace allegations to the Commissioner for Public Employment (CPE) shortly after Mr Riches took leave. After receiving the CPE report, Ms Finocchiaro said she provided it to Mr McClintock for further investigation but Mr Riches resigned days later, rendering any further probe unnecessary. On Monday, Public Service Minister Jo Hersey confirmed acting ICAC Greg Shanahan remained in the role.