Dismissed for COVID mistake

Palmach

Female friend of mine was working in a hotel. She and a friend were sent on a 5 hour round trip by the hotel to get a Covid test. On the way back they stopped to eat outside. They had not eaten in at least 8 hours. They both went home and waited until eh next day the Covid test cam back negative. Sunday she receives an irate call from the HR manager accusing her of putting the hotel and all the workers in danger. Meeting next day the GM and the HR manager and both fired for "gross misconduct". This seems overly harsh considering it was an honest mistake. After she was dismissed the HR manager called her for another rant going on about her attitude and how she needed to cop on. What are the options?

Stheno

https://www.boards.ie/discussion/2058201201/dismissed-for-covid-mistake

They stopped at the hotel to eat? Or somewhere else?

What.Now

https://www.boards.ie/discussion/2058201201/dismissed-for-covid-mistake

What were they dismissed for?

Seve OB

Of course if you work somewhere you are supposed to wrap yourself in a bubble (actual bubble wrap) and never again interact with another living being until such time as Covid has passed us by.

in the real world, I would be suing the pants of the employer in this circumstance

I would also clarify that they made no mistake, covid or otherwise. When I saw “covid mistake” I actually expected to read something like they knew they were positive but went to work anyway

dreamers75

How long was she working there?

Altho I could see that stand as gross misconduct considering the hotel sent them for reason not mentioned in the OP.

sprucemoose

https://www.boards.ie/discussion/2058201201/dismissed-for-covid-mistake

5 hour trip to get tested?

They are entitled by law to a break after 5 hours.

If the company is seeking to dismiss for gross negligence you are entitled to be advised in advance and have union / representative present for the meeting.

Presuming it's completely as stated by the op, I would be suggesting they take the legal route

Ger Roe

There is not enough background info provided to make a judgement call on this :

What were the circumstances that resulted in them being sent for a test and what were they then specifically fired for - IE what was the gross misconduct charge?

ax530

I would guess it matters if the test was due to symptoms.

If you have covid symptoms and get a test cannot do places (shop, to eat ect) until get results that will determine how many more days 'isolating' so maybe hotel could say due to breaking that rule.

If hotel sends staff to walk in centres every now and again for precaution presume rules around those are different as no symptoms

Mrs OBumble

By this stage, not knowing the rules for self isolation when you are a close contact is hardly an "honest mistake".

stargazer 68

https://www.boards.ie/discussion/comment/117675186#Comment_117675186

OP doesn't mention close contact. In fact didn't give any reason for the testing.

bucketybuck

I wonder what the real story is?

https://www.boards.ie/discussion/comment/117675186#Comment_117675186

Whats the legal requirement to isolate as a result of being a close contact?

323

https://www.boards.ie/discussion/comment/117675213#Comment_117675213

A very good question.

Honestly have no clue either. Maybe because I didn't get the app.

Palmach

https://www.boards.ie/discussion/comment/117674530#Comment_117674530

Somewhere else. Outdoors. At least 2 metres away from everyone else.

Palmach

https://www.boards.ie/discussion/comment/117674532#Comment_117674532

Gross misconduct.

Palmach

https://www.boards.ie/discussion/comment/117674584#Comment_117674584

Yes. One end of a county to another.

Palmach

https://www.boards.ie/discussion/comment/117674602#Comment_117674602

She had a cold. Went to work. Sent home and told go for a covid test. The eating was classed as gross misconduct.

expectationlost

https://www.boards.ie/discussion/2058201201/dismissed-for-covid-mistake

was it routine testing or because somebody else working there had got covid?

Palmach

https://www.boards.ie/discussion/comment/117675186#Comment_117675186

They were self isolating. They went for the test. Ate on the way back but went straight to their accommodation afterwards.

celt262

https://www.boards.ie/discussion/comment/117675753#Comment_117675753

Were they cycling or walking?

https://www.boards.ie/discussion/comment/117675756#Comment_117675756

Irelevant as far as the company is concerned. They sent her so either

A, They expected them to ignore the law on breaks or

B, They think they can control what their staff do outside the workplace

Neither would justify gross misconduct. Is she within the first 12 months?

lawred2

https://www.boards.ie/discussion/comment/117675213#Comment_117675213

None

kadman

What about a grievance procedure in the hotel, is there one.

https://www.boards.ie/discussion/comment/117675773#Comment_117675773

Exactly

lawred2

How did their little stop off for food become common knowledge?

https://www.boards.ie/discussion/comment/117675765#Comment_117675765

Does it matter? They were sent home, not just to get tested and then return to work.

expectationlost

https://www.boards.ie/discussion/comment/117675756#Comment_117675756

do they live together?

Palmach

https://www.boards.ie/discussion/comment/117675768#Comment_117675768

Yes

Palmach

https://www.boards.ie/discussion/comment/117675789#Comment_117675789

No

Palmach

https://www.boards.ie/discussion/comment/117675777#Comment_117675777

They were not told.

expectationlost

https://www.boards.ie/discussion/comment/117675761#Comment_117675761

eating at a cafe even outside isn't self isolating.

Palmach

https://www.boards.ie/discussion/comment/117675781#Comment_117675781

A housemate happened to tell the GM.

martingriff

https://www.boards.ie/discussion/comment/117675761#Comment_117675761

But technically they weren't self isolating as they went somewhere for food. Why did they have to go on a five hour trip. I am not defending hotel mind. I have a feeling they might be in trouble over this. I feel you are condensing the story maybe for the thread but it just seems stuff is left out

BattleCorp

If things happened the way they are alleged to have happened in the OP, then the hotel appear to be in the wrong. I doubt that the hotel has a written policy outlining what you must do if you are sent for a covid test and even if they did have something like that in place, it sounds like the hotel's disciplinary process isn't up to scratch.

That said, if the employee is only there a short while (less than a year), there's very little the employee can do. If the employee is there more than a year, then I'd be off to see a solicitor.

Palmach

https://www.boards.ie/discussion/comment/117675833#Comment_117675833

They have no policy outlining what must happen with a COVID test and they are there 3 months.

Palmach

https://www.boards.ie/discussion/comment/117675825#Comment_117675825

The nearest test centre was 5 hour round trip away. It was the nearest centre with a 24 hour turn around.

lawred2

https://www.boards.ie/discussion/comment/117675807#Comment_117675807

Who stated that they were self isolating?

BattleCorp

https://www.boards.ie/discussion/comment/117675845#Comment_117675845

I don't think the employee can go down the unfair dismissal route as they haven't been working 12 months for their employer.

Normally you must have at least 12 months’ continuous service with your employer before you can bring a claim for unfair dismissal. Continuous service is generally broken only if the employer dismisses you or you terminate your employment.

They may be able to claim the below but it's probably a waste of time.

If you have less than 1 one year’s service and your employer has not followed fair procedures when dismissing you, you may be able to make a claim under Section 20(1) of the Industrial Relations Act 1969. However, any recommendation from the Court is not legally binding on the employer.

Source: Unfair dismissal (citizensinformation.ie)

It's a sh1tty thing for the hotel to do if things happened exactly as described.

GerardKeating

https://www.boards.ie/discussion/comment/117674584#Comment_117674584

https://www.boards.ie/discussion/comment/117675756#Comment_117675756

Was the "Gross Misconduct" part, the "going to work with a cold", or the stopping for food bit, and how did they know of it.

Were both of them sacked, and how long did the work there.

Palmach

https://www.boards.ie/discussion/comment/117675887#Comment_117675887

Worked for 2 months. The gross misconduct was as a result of stoppng for food.

expectationlost

https://www.boards.ie/discussion/comment/117675849#Comment_117675849

the OP did

GerardKeating

https://www.boards.ie/discussion/comment/117675908#Comment_117675908

Since they only worked there for two months, they can be let go without real reason. With that in mind, it was silly of the hotel to actually cite a reason for letting them go.

expectationlost

https://www.boards.ie/discussion/2058201201/dismissed-for-covid-mistake

Drive home and keep self-isolating if you have symptoms of COVID-19.

https://www2.hse.ie/conditions/covid19/testing/test-what-happens/

so much of this sounds made up

There is no location in the country that requires a 5 hour round trip to get tested

martingriff

https://www.boards.ie/discussion/comment/117675963#Comment_117675963

From what hey said to me it was a 24 hour test centre. Do they exist

GerardKeating

https://www.boards.ie/discussion/comment/117675963#Comment_117675963

Maybe the five hour is a slight exaggeration, some rural areas ( Cliften, Belmulet, Malln Head) might be a 90 minute drive to a testing center, so that's 3 hour round trip, and add some time in the test centre if it is busy, you are almost up to 4 hours.

Mrs OBumble

The hotel didn't send them for a test.

The hotel sent a person home, after they'd been stoopid enough to attend work with covid symptoms without being tested. (Cop on ta fúck!)

Their GP sent them for a test (because that's who can refer symptomatic people for tests), and will have spelled out the meaning of self isolation.

Real reason for firing: dumbness, and bringing the hotel into disrepute.

Darc19

Three months, nothing they can do.

Hotels and restaurants are crying out for staff, so they will have new jobs and a far better employer and possibly better rate of pay next week.

listermint

There's no counties in Ireland where it takes two and half hours to get to from end to end. It's a bull story and there's no house mate going to ring up the hotels GM to tell them about a food break

Utter waffle from start to finish .

grofus2

https://www.boards.ie/discussion/comment/117675804#Comment_117675804

Mate , if you want an answer paint the whole picture. One word responses don't help when trying to clarify facts.

Why were they sent for a Covid Test.

Why was the only test available 2.5 hrs away.

Where did they stop and under what circumstances. Ie sit down at a restaurant, service station. Details, please

As mentioned, there are procedures required to sack someone for gross misconduct that appear to have ignored.

How long have they been employed there? What is their role?

Ignore me,I missed the whole second page before posting. Less a year in employment means virtually no rights.

Chalk it down as experience and move on