The Employment Appeals Tribunal has ordered the Brothers of Charity in Glanmire, Co Cork, to pay £14,500 to a former employee for unfair dismissal.
Mr David Smith, of Ballyhooley, Co Cork, worked at St Joseph's Unit for residential elderly people as a care assistant and was suspended in September 1999 after a patient made an allegation against him for slapping and verbally abusing him.
After gardai concluded there would be no prosecution due to lack of evidence, the Brothers asked Mr Smith to return to work but at a different location from St Joseph's Unit.
As there was no similar career vacancy on campus he was offered a position in maintenance, according to the Brothers. Mr Smith had told the tribunal problems arose when he returned to work on November 8th and was told the position was temporary. The Brothers said this post and another temporary post Mr Smith was offered were to become permanent.
According to Mr Smith, a letter from the Brothers in February 2000 said he would not be paid a salary as he was not working for them. He had turned down two alternative positions and could not be returned to St Joseph's Unit, the letter added. Mr Smith said he understood the order had sacked him.
The tribunal ruled that Mr Smith had been reasonable, and it was understandable that he had objected to positions involving lesser pay on a temporary basis. It concluded that Mr Smith had been constructively dismissed under the terms of the Unfair Dismissal Acts.