Creche worker in Kildare awarded over unfair dismissal
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A KILDARE creche worker who resigned after raising concerns about alleged bullying, inadequate support and the handling of her complaints has been awarded €963 after the Workplace Relations Commission (WRC) found she was unfairly dismissed.
The WRC found that the employee, Ciara Walsh, had been frustrated in her attempts to have her complaints formally investigated and that her employer, Maap Childcare Ltd, trading as Tots Creche and Daycare, had acted unreasonably in its handling of the matter.
Ms Walsh had worked for the childcare company since August 2020, initially as a pre-school leader. She was subsequently promoted to curriculum co-ordinator, assistant manager and service manager. Ms Walsh had worked at a number of different locations including in several towns in Kildare.
She told the WRC that she had experienced difficulties with her direct manager, including comments about her appearance, a lack of support and training in management roles, and what she said was the disclosure of confidential medical information.
She also alleged that her concerns were not properly addressed after she raised them with senior management and HR.
The company disputed the allegations and maintained that Ms Walsh had been supported throughout her employment. Management witnesses told the hearing that she was highly competent and that her promotions had been a natural progression.
The WRC found that Ms Walsh had raised concerns with a company director in November 2024 and that an attempt was made to resolve the issues informally.
However, the adjudication officer found that the informal intervention had not resolved the matter.
Ms Walsh subsequently brought her concerns to HR and was asked to document them. She submitted written concerns in January 2025 and attended a meeting with HR in February.
The minutes of that meeting were headed ‘Initial Meeting – Formal Complaint’, and the adjudication officer found that Ms Walsh had a reasonable expectation that a formal investigation would follow.
The WRC also examined a meeting between Ms Walsh and a company director on 4 March 2025, after management became aware that she was distressed.
The director said the meeting was intended to support Ms Walsh and that she was offered counselling, time off and a return to her previous role.
However, the adjudication officer found that it was unreasonable to conclude that Ms Walsh’s distress was attributable solely to medical and personal circumstances, given management was already aware of her workplace complaints.
The decision also criticised the suggestion that Ms Walsh was on the “wrong medication” or needed counselling in the absence of a medical report or occupational health referral.
The adjudication officer found that personal friendships between Ms Walsh and members of senior management ultimately compromised the objectivity and managerial responsibility required in dealing with her allegations.
The WRC further found that, despite the company having procedures allowing employees to make formal complaints, HR and senior management had no intention of providing Ms Walsh with that option.
The decision noted that, even after she clarified that she wanted her concerns dealt with formally, her subsequent communications were not acknowledged, and she was not reassured that an investigation would take place.
Ms Walsh then resigned from her role on 18 April 2025.
In finding that she had been constructively unfairly dismissed, the WRC said the company had conducted its affairs “so unreasonably” that she was entitled, or it was reasonable for her, to terminate her employment.
The adjudication officer concluded that Ms Walsh had been frustrated by HR and senior management in her attempts to exhaust the company’s dispute-resolution procedures.
The WRC considered her subsequent employment and illness benefit payments when assessing her financial loss. It found that her total loss arising from the unfair dismissal was €963 net.
The company was therefore directed to pay Ms Walsh €963 in compensation.
