Woman awarded €15k for unfair dismissal after taking socks from refugee shelter that she believed were being dumped

Lansdowne House, the offices of the Workplace Relations Commission in Ballsbridge, Dublin.

A community worker who was fired shortly before reaching retirement age for taking a pair of socks which she said she thought were being thrown out from a shelter for Ukrainian refugees has been awarded €15,000 in compensation.

The Workplace Relations Commission ruled that St Munchin’s Community Centre in Kileely, Limerick had unfairly dismissed its employee, Geraldine O’Donnell, who claimed there had been a simple misunderstanding over the incident.

WRC adjudication officer, Niamh O’Carroll, said the disciplinary process undertaken by the centre against a woman who had an unblemished work record of 27 years had “left a lot to be desired”.

Ms O’Donnell gave evidence that on the day of the incident, she had seen some socks on top of a load of boxes in the reception area of the former St Lelia’s School in Kileely, Limerick, which was being used as a hub for Ukrainian refugees.

She told the WRC that she had taken the socks because she thought they were going to be thrown out with the boxes. Ms O’Donnell said she was suspended later that day after she had been approached by the centre’s manager, Linda Ledger, about the socks. She returned the socks immediately after being advised to do so.

Ms O’Donnell said she thought she might only get a warning over the incident as she never had any prior problem with her employment. The complainant said she could not believe it when she was fired and outlined how she was now finding things very difficult because her income was down by €400 per week.

Ms O’Donnell described her situation as “almost impossible” as she cannot find a job as she is 65 but cannot claim the pension until she is 66.

A representative of St Munchin’s, Michael Cusack, who was asked by Ms Ledger to investigate the alleged misappropriation of the pair of socks, said he asked Ms O’Donnell to bring them back after finding out they had not been returned.

Mr Cusack said he had been informed that a pair of socks had been taken from art materials that had been in the reception area awaiting collection. The witness said he also spoke to Ms O’Donnell, who claimed that she thought the materials were being thrown out as rubbish.

Ms Ledger gave evidence that Hannah Boklach had asked her if they could look at CCTV footage from the reception area as a pair of socks she had knitted as a present for someone had been taken. She said the CCTV images showed Ms O’Donnell taking the socks.

Ms Ledger said she showed the complainant the footage after she had denied taking anything from St Lelia’s. The WRC heard that Ms O’Donnell was dismissed on November 18, 2022 while her appeal against the decision was not upheld.

In her ruling, Ms O’Carroll noted that the complainant had an impeccable track record of working for the scheme overseen by St Munchin’s Community Centre since 1989.

She also observed that Ms O’Donnell had taken the socks because she thought they were going to be dumped and had put them in her handbag because she did not want them to go to waste. The WRC noted there was a dispute in evidence between the complainant and Ms Ledger over whether she had immediately admitted taking the socks when asked.

Ms O’Carroll said it appeared St Munchin’s used her original alleged reply that she had not taken anything from the centre to bolster their case that she was a dishonest person. However, she also noted that Ms Ledger did state that Ms O’Donnell had admitted taking the socks when asked specifically about them.

Ms O’Carroll criticised Mr Cusack’s investigation for going “far beyond its purpose” by making findings of theft and gross misconduct in relation to Ms O’Donnell. She pointed out the purpose of the investigation was to establish facts, while any findings were a matter for a disciplinary process.

Ms O’Carroll said the complainant had provided a reasonable explanation for why she had taken the socks and her subsequent treatment was inappropriate in the circumstances.

The WRC claimed Ms Ledger’ should have considered proportionality in the sanction applied given Ms O’Donnell had an unblemished work history of 27 years as well as her explanation for taking the socks.

Given Ms O’Donnell was fired 13 months before she was due to retire, the WRC said the appropriate award of compensation was €15,000.

For the latest breaking news and top stories, visit our homepage.

Join the Irish Mirror’s breaking news service on WhatsApp. Click this link to receive breaking news and the latest headlines direct to your phone. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don’t like our community, you can check out any time you like. If you’re curious, you can read our Privacy Notice.