Cleaner Loses Unfair Dismissal Case Over Offensive Contact Name for HR Manager

 Dublin, Ireland – February 20: The Workplace Relations Commission (WRC) has ruled against a former employee of Office and Industrial Cleaning Limited, dismissing her claim of unfair dismissal after an internal review uncovered workplace misconduct, including an offensive reference to a senior company official.

The case arose when Anita Swan, a cleaner employed by the Dublin-based firm since March 2020, inadvertently included a screenshot in an email to the company's HR and accounting departments in May 2024. The screenshot revealed that she had saved the human resources manager’s contact name as "HR Covid C*nt." The discovery prompted an internal investigation, leading to disciplinary action against her.

Workplace Incidents and Disciplinary Measures

Ms. Swan had previously been involved in an unrelated workplace dispute after she reported an alleged assault by a security guard at a client site in August 2023. Following the incident, she was absent from work for four weeks due to stress. Her return was further delayed due to anxiety-related difficulties, and she remained off work for several additional weeks. When she eventually resumed her duties, she received a verbal warning for workplace conduct issues.

In addition to the offensive phone contact reference, Ms. Swan faced multiple complaints regarding her behavior in the workplace. A client services manager reported that she had been aggressive and disrespectful toward a supervisor, allegedly using offensive language in front of colleagues. The supervisor also formally complained that she felt threatened and unsafe due to Ms. Swan’s conduct. Additionally, a client company raised concerns about her taking excessive cigarette breaks, raising her voice, and using her phone during working hours.

Following these complaints, Ms. Swan was suspended with pay pending an internal investigation. After a disciplinary hearing in July 2024, she was issued a first written warning for aggressive behavior, misconduct, and disrupting the workplace environment.

Unfair Dismissal Claim Rejected

Ms. Swan contested the severity of the disciplinary action and sought an appeal. However, she refused to attend the hearing after the company declined her request to be represented by her solicitor. She subsequently resigned, citing "ill treatment" by her employer and later lodged an unfair dismissal complaint with the WRC, arguing that she had been constructively dismissed.

In her complaint, Ms. Swan claimed she had been subjected to unfair treatment, denied due process, and was being monitored by the company following her personal injury claim related to the security guard incident.

However, Office and Industrial Cleaning Limited countered that Ms. Swan had failed to engage constructively in the workplace resolution process and had not provided evidence that she was unfairly targeted.

In her ruling, WRC adjudication officer Catherine Byrne found that Ms. Swan had not substantiated her claims of unfair treatment. The adjudicator determined that the employer had acted reasonably in addressing workplace complaints and disciplinary matters, leading to the dismissal of the claim.