Courts

Dental practice manager awarded €19,000 after claim of ‘abusive tirade’ by employer

Employee said she believed dentist may have been suffering ‘burnout’ and missing days of work

The practice manager had worked at the clinic since 2013, and since 2016 under the dentist in question

Fiona Magennis
Thu Aug 24 2023 - 13:08

A dental practice manager who claimed she was subjected to a “verbally abusive tirade” by her employer before being fired has been awarded €19,000 for unfair dismissal and other employment law breaches.

Zsuzsanna Budai said she was “devastated and shocked” when she was told “out of the blue” that she was being fired from her role with Acd Practice Management Ltd (Ardrum Clinic).

Ms Budai said there was “no discussion, no cup of coffee, no grievance”.

She told the Workplace Relations Commission (WRC) that prior to being let go on December 7th, 2021 she believed the owner, Dr Borbala Csordas, was suffering “burnout” as she was allegedly missing lots of days of work.

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The practice manager said she believed it was possible Dr Csordas may have felt offended by Ms Budai enquiring when she was returning to work.

Ms Budai told the WRC that she had been employed at the dental practice as a receptionist/practice manager since 2013. A transfer of undertakings (TUPE) occurred in 2016.

She said the new owner, Dr Csordas, had worked at the practice as a dentist prior to purchasing the business.

Ms Budai was earning €3,483 gross (€2,750 net) per month for a forty-hour week.

She said that when the new owner took over, she gave Ms Budai a pay-rise and from her perspective, they had a very good relationship.

The practice manager said that she had received bonuses in the form of one4all vouchers at Christmas, presents and cards for her birthday and there had been a staff holiday paid for by the company to Malaga around 2017 or 2018.

Ms Budai told the WRC that she believed Dr Csordas was “stressed” and “suffering with burnout” as she was missing lots of days at work due to health issues.

She said she believed this had a knock-on effect on the business and its profits.

The worker said she thought that the new owner felt under pressure and said it was possible that she may have felt offended by Ms Budai enquiring when she was returning to work.

She submitted that everyone was depending on their income and Dr Csordas was the main income-producing person.

The practice manager said that, in the last few months of her employment, she had sometimes been paid late, or had not received the full amount of her salary and was told the rest would be paid, which sometimes happened and sometimes did not.

Ms Budai said staff members, including a hygienist and a dentist, subsequently left the practice.

She said that on December 7th, 2021, her employer told her “I may not be able to afford a receptionist from January” and subjected Ms Budai to a “verbally abusive tirade”. She said that she asked for a dismissal letter but never received one.

In relation to a Payment of Wages Claim, Ms Budai told the WRC she should have been paid until December 31st, 2021 but received €750 less than expected.

In a submission related to notice pay, she said Dr Csordas told her that she would be paid for an extra month but this did not happen.

Ms Budai said the treatment she received on the day she was fired in no way matched her experience of her job.

The respondent, Dr Borbala Csordas, did not attend the hearing. On the morning the case was due to be heard, the WRC received an email from a representative of the company stating that Dr Csordas was unable to attend the meeting due to illness. The WRC noted no supporting documentation was supplied and no contact was received from the individual herself then or subsequently.

Upholding the Unfair Dismissal claim, Workplace Relations Commission adjudication officer Lefre de Burgh found the dismissal was wholly procedurally unfair and said Ms Budai was given no opportunity to engage with the respondent whatsoever.

The adjudicator said Ms Budai suffered an “unexpected economic loss” in the run-up to Christmas and said she found that the manner in which the employee was treated to be “cruel”.

She awarded Ms Budai €15,000 for Unfair Dismissal, a further €3,215 in relation to a Minimum Notice claim and €750 for a Payment of Wages claim.

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