*Violet-Anne Wynne TD (IND). Photograph: John Mangan
CLARE TD, Violet-Anne Wynne (IND) has been ordered to pay €11,500 to a former employee who was unfairly dismissed.
An unfair dismissal case was taken by Fiona Smyth who worked as a a secretarial assistant for the TD, who was first elected for Sinn Féin in February 2020 before leaving the party in February 2022.
Ms Smyth’s dismissal arose after she was called to a performance review with Deputy Wynne. Before the meeting, Ms Smyth requested more clarity and had asked that she be allowed have a trade union representative present. However, on foot of these requests Ms Smyth was dismissed.
In its decision, the Workplace Relations Commission (WRC) found that Deputy Wynne should pay her former employee, Ms Smyth compensation in the sum of €11,500 in redress for her dismissal.
WRC adjudicator, Louise Boyle in her decision stated, “The respondent failed to engage in any procedures prior to dismissal, failed to provide the complainant with a reason for the dismissal, failed to provide an appeals process and would not engage with mediation. Whatever the reason(s) for the dismissal which from Ms. Wynne’s evidence appears to have been varied, it is difficult to see how the decision to dismiss is within the range of reasonable responses of a reasonable employer in the circumstances”.
SIPTU Workers Rights Centre Advocate, Áine Feeney, said, “Fiona found herself in a situation where she was called to a performance review with her employer and, having asked for clarity around the meeting and the opportunity to have representation from her trade union in attendance, she was dismissed. This was done without her being given any reason by her employer. The employer was not willing to provide the policies applicable in the case and after the dismissal, the employer failed to provide any appeal mechanisms, contrary to best practice. It is shocking to find that a legislator has such scant regard for the legal rights of a worker”.
Speaking following the ruling, Fiona Smyth commented, “The outcome that we have achieved at the WRC recognises that what was done to me was wrong and that means more than anything. I am so grateful for the support, guidance and representation received from my Union throughout this exceptionally stressful experience”.
SIPTU Sector Organiser, Peter Glynn, said: “Fiona showed great strength and conviction in pursuing her claim when she had been faced with obstruction from the commencement of the process. Her commitment to highlight her treatment and ensure that her legal rights were vindicated, must be commended, particularly when her employer is a public representative”.
According to Deputy Wynne, the call to dismiss Ms Smyth related to her decision to leave Sinn Féin. “I knew from the outset that this would be seen as an unfair dismissal. I had to take action either way. The ability to carry out the job was not there after I had left Sinn Féin,” she told The Irish Indepdendent.
