Court upholds decision to dismiss civil servant
Published 16/11/2011 | 05:00
A GOVERNMENT department was "over-indulgent" in tolerating the activities of a civil servant who just stopped turning up for work, acording to a judge.
Judge Jaqueline Linnane, throwing out Frances Carew's appeal against alleged unfair dismissal, held that her unauthorised absences and failure to attend disciplinary meetings had properly been grounds for her dismissal.
Ms Carew (59), a former labour inspector, was sacked from her job by the Department of Enterprise in 2009. She claimed in the Circuit Civil Court yesterday that "a sustained campaign of bullying and harassment" had prevented her from attending work from August 2007 to November 2008 after having been transferred under protest to the National Employment Rights Authority (NERA).
Ms Carew, of Lansdowne Village, Sandymount, Dublin, was asking Judge Linnane to overturn a decision of the Employment Appeals Tribunal (EAT) which held she had not been unfairly dismissed.
The court heard she had ignored verbal warning after verbal warning and had failed to attend disciplinary hearings inquiring into her poor or non-attendance at work. She had also ignored several written warnings.
Judge Linnane affirmed the EAT decision and awarded legal costs against Ms Carew.