Orange Blossom special: Healthcare worker who liked McAreavey video loses unfair dismissal case

Calahonda52

https://www.rte.ie/news/ireland/2023/0627/1391371-ni-video/

...

She got sacked as did her partner who live streamed it

Mr McDade lost an industrial tribunal case against his sacking from his job as a lorry driver earlier this month.

Agent Coulson

Great news!

Totally deserved actions have consequences and now they are paying for theirs.

hayrabit

it's fuqd up that shít 😦

don't know if I agree with the sacking tho - what's that got to do with his/her employer/s is what I'm wondering?

good that they're suffering from posting such scutter , but am torn as to whether they should have lost their job over it...

must be something in their contract/s to say they can't do such things; if not, then they'll probably make bank off it, somehow...

Misleading title. Nobody should lose their job for liking.

Not much sympathy though. Hardline loyalists are such scum.

Jamie Bryson - what a vile individual.

It's liking and sharing hate speech by a person who holds a role serving and being fair towards both sides of the community. A community which has suffered greatly in the past and relies on such people to move forward.

Northern Ireland is a different operating environment.

Of course it is sackable. She was utterly wreckless.

Jack Daw

Not sure I like the idea of people losing their jobs over liking or sharing a video.

Obviously the video is completely scummy and the people who liked it probably are as well but we're delving into punishing thought crimes by saying someone can be dismissed for liking or sharing a video.Even having clauses in employment contracts about what you do online in your own time is too much in my opinion.

One eyed Jack

https://www.boards.ie/discussion/comment/120772518#Comment_120772518

don't know if I agree with the sacking tho - what's that got to do with his/her employer/s is what I'm wondering?

Gross misconduct, fairly standard reason for anyone to be sacked. It was the employee who decided to take her case to the tribunal, so it was a question of whether or not her employer acted unfairly in dismissing her for what they determined amounted to gross misconduct.

greencap

Could make for a handy way for getting rid of people.

Make an account in their name, make an inappropriate comment, and then sack them and shift the burden of proof to the ex-employee. Let them chase you through the system, if they can.

I want to support the employer in the above case, but cant encourage this sort of thing.

And what does the employer do when Im applauded and loved on social media, is there a raise or promotion?

Or does it only work one way?

Nermal

The reach of employer social media policies needs to be restricted in law.

The use of social media in a private capacity should be outside the scope of employer disciplinary proceedings.

Agent Coulson

If you are stupid enough to make your social media public or have friendships with your work collegaues and start liking hate speech then that is totally on you if those friends or the public report you when you face the consequences of that hate.

ejmaztec

https://www.boards.ie/discussion/comment/120773876#Comment_120773876

You get the true worth of someone when their social media contributions are brought into the equation, and this woman deserved the end result. I expect a few more people will lose their jobs after flooding social media with remarks and memes covering the recent Titan episode, especially if their employers have any commercial connections to the billionaires who died.

Nermal

https://www.boards.ie/discussion/comment/120773965#Comment_120773965

So now, not only should employees be summarily dismissable for liking 'hate speech', mere tastelessness should also be cause?

Your posts demonstrates exactly why legislation is required.

It's bad enough the government can't help itself imposing greater and greater limits on our speech, giving free reign to employers to do the same is intolerable.

One eyed Jack

https://www.boards.ie/discussion/comment/120774500#Comment_120774500

Employers always had that right though, but it’s not giving them free rein either as the employer would have to be able to demonstrate that they followed all procedures in accordance with the law in the relevant jurisdiction.

‘Crisp v Apple’ is a fun case, about 10 years ago now (and I swear I’m not making that up 😂)

https://www.cnet.com/tech/mobile/apple-was-within-rights-to-sack-employee-over-facebook-rant/

Mrs OBumble

https://www.boards.ie/discussion/comment/120774500#Comment_120774500

It's about behaving publicly in a way that bring your employer into disrepute, or raises questions about your fitness to do the job. Irrespective of what media you use.

Nermal

https://www.boards.ie/discussion/comment/120774531#Comment_120774531

I know they have that right. I want it taken from them.

One eyed Jack

https://www.boards.ie/discussion/comment/120774549#Comment_120774549

Ahh, right, ok… that’s not going to happen.

Nermal

https://www.boards.ie/discussion/comment/120774547#Comment_120774547

All rights involve balancing interests, Mrs OBumble.

What interest is more important - the free speech of individuals, or the reputation of corporations?

Augme

Can't understand, well unless someone is a strong communist, why people think employers should be forced into hiring and retaining people they don't want to. There are too many people out there who feel they should be allowed force their views on wider society. A real worry.

L1011

If both of them had actually used an actual lawyer, one of two things would have happened:

1: They'd have won their appeal, or

2: They'd never have appealed as it was a waste of time

But by going to the Paralegal Extraordinaire, they've lost and had their names published far and wide.

BattleCorp

https://www.boards.ie/discussion/comment/120774637#Comment_120774637

Posters posting stuff on social media aren't forcing their views on anyone. People are free to view it or not to view it. It's their choice.

riffmongous

https://www.boards.ie/discussion/comment/120774633#Comment_120774633

Well she's still free to post her hate/free speech, she just cant do it any more while working with and for people who are the subject of that hate/free speech

bucketybuck

If an employer does not want to employ sectarian scumbags then I believe they should have the right to implement that policy.

Especially when employing sectarian scumbags can impact the operations of their business.

I find it strange that anybody would have a problem with that.

One eyed Jack

https://www.boards.ie/discussion/comment/120774633#Comment_120774633

Well it’s like you said - all rights involve balancing interests, you’re just applying it wrong.

Individual’s right to freedom of speech isn’t violated when their employer determines that an employee has violated the terms of their employment contract to the degree that the employer decides to terminate their employment.

An individual is entitled to express themselves in accordance with law, and an employer is entitled to protect their reputation.

Augme

https://www.boards.ie/discussion/comment/120774670#Comment_120774670

I'm talking about people who are saying that employers shouldn't be allowed sack their staff members. That's a level of restriction that is well beyond acceptable. Employers should have the rights and freedoms to make decisions on their workplace and any attempts to restrict as it were communist soviet unions should be rightfully dismissed.

Overheal

'I never thought I would face the consequences of MY actions :('

Nermal

https://www.boards.ie/discussion/comment/120774679#Comment_120774679

It's the easiest thing in the world to defend the rights of only those people you agree with.

Does a person's view really bring their employer into disrepute? Wrecks my head when people start pile-ons on social media against a company when it's found out if a particular person works for them.

pjohnson

https://www.boards.ie/discussion/comment/120774735#Comment_120774735

Yep its the old dilemma of

"Freedom of Speech" = "Freedom of Consequences"

I never understood how people struggle so badly but its a frequent problem.

BattleCorp

https://www.boards.ie/discussion/comment/120774722#Comment_120774722

I don't 100% agree with your thinking. Fair enough, if someone did something very very serious, then they should be dealt with, but I wouldn't agree with employers being allowed to sack people for everything they find unacceptable. While the McAreavey video is tasteless in the extreme, I don't think someone should be sacked for liking it or sharing it.

I'd also argue that the song the lads were singing wasn't hate speech. It mocked the death of someone. Very very distasteful and hurtful to the family. Kind of like the millions of memes going around at the moment mocking the 5 lads who were killed in the submarine last week etc. etc.

Employers need 'restricted' rights when it comes to dismissing people. They shouldn't be allowed to do it willy nilly.

bucketybuck

https://www.boards.ie/discussion/comment/120774737#Comment_120774737

Your problem seems to be that you think she had a "right" to continue working in that job.

Annasopra

As a healthcare worker spreading sectarian hate how could the NHS expect her to provide healthcare to all in the community and how could the NHS expect women and catholics/nationalists trust her to treat them having spread secrarian/mysogynist hate speech?

ZookeeperDub

She liked and shared the video.

Rightly fired from their jobs

The ladies excuse was she didn't the entire video before sharing.