Galway Bay fm newsroom - An operating theatre worker at the Galway Clinic who was sacked over her behaviour has been awarded 12 thousand euro in an appeal.
Dolores Malone sued for unfair dismissal, claiming at a two day hearing in Galway that her dismissal was disproportionate for what she had done.
A colleague of operating theatre practitioner Dolores Malone made a complaint against her in October 2013, alleging aggressive behavior on at least three occassions.
According to the Irish Times, when confronted about the accusations, Ms. Malone admitted to calling her colleague 'a cow' and 'dishonest' but felt she was being targetted.
After an investigation, she was issued a written warning and told any further breach would result in further action, up to and including dismissal.
In a further incident in December 2013, Ms Malone requested copies of all theatre rosters from 2010 from her manager - and allegedly became loud, aggressive and angry when informed she would have to put the request in writing.
At a disciplinary meeting in February 2014, other members of staff complained about Ms. Malone and her behavior towards them in theatre.
The hospital suspended her and Ms Malone subsequently went on sick leave - but was then dismissed in May 2014.
She took her case to the Equality Appeals Tribunal, alleging that her dismissal was disporportionate to her actions.
At the EAT hearing held in Galway, the head of HR at Galway Clinic said issues with Ms Malone initally rose in 2010, when a consultant wrote a letter expressing concern about her behavior.
In her defense, Ms Malone denied speaking to her manager in a loud, aggressive and angry manner when approaching her about rosters.
The tribunal also noted that a number of people who made complaints against Ms. Malone were not prepared to put themselves before her at any meeting.
It further found that Ms Malone was not furnished with copies of witness statements despite her requests - nor was she permitted to cross examine the witnesses.
In it's ruling, the tribunal found that the grievance procedure adopted by the Galway Clinic was 'flawed in its failure to live up to the rules of natural justice'.
However, despite awarding Ms. Malone 12 thousand euro for unfair dismissal - it found that she contributed substantially to her own dismissal.
