Worker sacked for online attack on boss
Emma Kiernan was fired after she posted a message about her boss on Bebo but was subsequently awarded €4,750 compensation
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A sales assistant who was fired after she posted an expletive-laden message about her boss on the Bebo social networking website has been awarded nearly €5,000 compensation.
The Employment Appeals Tribunal found that the decision by a-wear in Grafton Street to dismiss Emma Kiernan, of Ferns Road, Crumlin, was disproportionate.
"While their disciplinary procedures were fair and proper, their sanction was not," the tribunal said.
In March 2007, an a-wear customer contacted a member of staff and drew her attention to comments posted on the Bebo site.
The comments read: "I was in bits this morning getting sick!! dunno y!!!! tried ringin work from 7.30 but couldn't get through wit the phone bein broke and was rinin head office but nobody was in [sic]."
She said she got through to head office at about 9am and was transferred but nobody answered, so she rang a colleague and told her to tell the manager in question.
"She [the manager] rang me at 9.30 askin y I wasn't in and I told her the whole story and she called me a lier [sic] and said the phone never rang all morning."
She then said she "hated" the manager, calling her a "c**t".
Ms Kiernan, who had worked for a-wear since 2003, apologised for the comments.
The tribunal found that Ms Kiernan's comments deserved "strong censure and possible disciplinary action" but they did not constitute gross misconduct in the circumstances.
It awarded her €4,000 compensation for unfair dismissal and €750 as compensation for two weeks' notice.
- Andrew Bushe
