Posted: September 7th, 2018
The Workplace Relations Commission (WRC) has upheld an unfair dismissal claim of a waitress who was on the spot due to a customer posting a negative comment on TripAdvisor complaining that “the red-haired waitress was abrupt”. The restaurant has been ordered to pay her €2,000 compensation.
The restaurant manager advised the WRC that he concurred with the waitress’s account regarding the dismissal and added that he had received an additional two complaints from customers and a further 20 complaints from other employees. He also accepted that he did not advise the waitress of these other complaints when he he advising he that her position of employment was terminated.
WRC Adjudication Officer Máire Mulcahy issued a ruling which stated that the use of the TripAdvisor review and the 20 alleged complaints “is not far short of mob rule in the workplace” when the waitress was not given the chance to examine the authenticity of them.
The ruling said that the “vox-pop” type comment on TripAdvisor that “the waitress with the red hair was abrupt” which the restaurant used as the basis to sack her “is very far removed” from the concept of “substantial grounds” to justify a dismissal as required by the Unfair Dismissal Act. Ms Mulcahy added that the waitress’s description of how her dismissal occurred is not being argued.
She said said: “There was no disciplinary procedure in the workplace. There was no process. No advance notice, no examination of the alleged complaints, no opportunity to be accompanied at the meeting which resulted in her dismissal, or right of appeal was afforded to the complainant.”
Ms Mulcahy stated that the waitress was denied a proper judicial process regarding her sacking.
The defendant advised the WRC, in her testimony that she feels that the real reason she was sacked was due to the support she gave to the manager’s partner in the break-up of their relationship.
The final WRC report on the case said that the restaurant boss has said sorry to the waitress for his actions.