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Unfair Dismissal of Parish Secretary BRAY CO.WICKLOW

category wicklow | worker & community struggles and protests | press release author Monday April 28, 2008 20:04author by Justice 4 Margaret - Justice 4 Margaretauthor email justice4margaret at live dot com Report this post to the editors

The story behind the story

What has been happening to date in the long running saga between a local Parish Priest in an Unfair Dismissal case and the Parish Secretary. Details had until this week been kept from the local Parishioners who have a right to know what is going on in their Church in Bray, County Wicklow.

INFORMATION FOR PARISHIONERS OF OUR LADY QUEEN OF PEACE
EMPLOYMENT APPEALS TRIBUNAL (Unfair Dismissal)

Claim of: Ms. Margaret O’Hehir
Against: Fr. Larry White PP Our Lady Queen of Peace Parish

DETERMINATION
“Recognising the unusual circumstances of the case the Tribunal find that the procedure, used by the respondent to
dismiss the Claimant was not in accordance with the Industrial Relations Acts. The Claimant tendered her resignation in May 2005 but the employer instead of dealing with it at that time
believed that he was entitled to retain it and act upon it at a later date of his choosing. This he purported to do in September 2005. At a meeting on 16th September 2005 he told the Claimant that he was accepting her resignation. Some days later he changed this to suspension without pay. A short time after this he changed the suspension without pay to with pay. In January 2006 he stopped paying the Claimant. In June 2006 he dismissed her. This in the opinion of the Tribunal was an unfair procedure”.

As the dismissal was procedurally unfair—”The Tribunal award the Claimant the sum of €1560 (being the equivalent of four weeks’ pay), as the minimum award allowed under the Unfair
Dismissals Acts, 1997 to 2001.

Sealed with the Seal of the Employment Appeals Tribunal this 24th day of October 2007. P.J. O’Leary (CHAIRMAN).
In spite of the Tribunal’s decision the Respondent Fr. Larry White PP has appealed the above decision to the Circuit Court for a hearing and it is now on a waiting list.

In spite of the Tribunal’s decision the Respondent Fr. Larry White PP has appealed the above decision to the Circuit Court for a 4 day hearing and it is now on a waiting list.
********************************************************************
Laurence White—Employer and Respondent
Mrs. Margaret O’Hehir—Employee and Claimant

Regarding complaint to The Rights Commissioner by Claimant Ms. Margaret O’Hehir “The claimant seeks redress for the alleged breaches of the Terms of Employment Information Act”.

RECOMMENDATION OF RIGHTS COMMISSIONER
I have carefully considered the evidence as presented by the parties. There is no doubt that there was an original written agreement between the parties and that there were discussions in amending the documentation to take care of the enhanced rate of pay and also the number of hours that would be available for work under the contract.
However the Terms of Employment (Information) Act 1994 states in section 3, subsection (4) that such statement furnished by an employer to an employee under section 3 (subsection (1)0 should be signed and dated by the employer and a copy (subsection 3(5)) retained during the period of the employees employment and period of 1 year thereafter.
It is evidenced that there is no signed copy qualifying the existing period of employment nor is there a written letter indicating that the contract under discussion for amendment was being enacted by the respondent giving the usual 1 month notice.

I therefore find that the claimant presented a valid complaint and award her the sum of €300 in full and final settlement of breaches under the Terms of Employment (Information) Act, 1994.
Signed Mark A. McGrath
Rights Commissioner 15th June 2007.

*********************************************************
It should be noted that legal fees for Fr. White are being paid for by you the Parishioner or the Parish unlike Ms. O’Hehir who has to foot her own legal bills.

i.e. Fr. White announced before all collections at Masses this weekend that his fees were paid by Parish Insurance BUT the premiums for the Parish insurance are paid out of the contributions of the Parishioners for the running of the Parish!!!
*********************************************************
In both cases to date an award was made in favour of the Claimant although the second award is disputed by Fr. White and as stated an appeal has been lodged against it.

It should be noted that a third case is awaiting a date for hearing before THE EQUALITY TRIBUNAL in Dublin in
regard to serious complaints made to the Employer while the
Claimant was still in employment and which were not dealt with satisfactorily.

Further notice will issue from our group with the results of this hearing in due course.

Sincere thanks to the many hundreds of Parishioners who signed the Petition for Margaret’s Reinstatement. A Mass has already been offered for their intentions. Thanks to all for your ongoing support for Margaret over the past two and a half years in her quest for justice.

For those who are not aware of it—as a Church going Parishioner in Queen of Peace since 1989 Margaret was also removed from both the Parish Council and Liturgy Groups because of the employment dispute which should not have
affected her rights or standing as a Parishioner. She was also refused permission to be a Special Minister of the Eucharist. Parishioners hear the Parish is ALL INCLUSIVE but that is not the case—you can be treated as ‘a leper’ overnight.

This Newsletter is sponsored and distributed by a group of concerned church going Catholic Parishioners and
supporters and is being distributed by them to highlight the continuing injustice towards our friend Margaret who was a highly dedicated Parish Secretary serving our Parish for over 4 years and was treated in high regard by all who know her we take grave exception as to the way our Parish has been
demoralised and the truth has been suppressed.

*******************************************************************
JUSTICE FOR MARGARET

He died for ALL of us—not for the CHOSEN FEW.

Why then does Queen of Peace exclude those they feel are not ‘in favour’?

*******************************************************************

Email: justice4margaret@live.com

Dyann, Marie, Ann, Tracey, Mary, Kevin, Jeannie, Pauline,
Betty, Alan, Mark, Tony, Robert, Stephen, Billy, + others.

Related Link: http://www.queenofpeace.ie/index.htm

 #   Title   Author   Date 
   In support of Margaret     Bray Head    Fri May 09, 2008 10:05 
   Determination     Bray Head    Fri May 09, 2008 10:07 
   Proof of possible shady dealings     Justice 4 Margaret group members    Fri May 09, 2008 11:34 
   What were Fr. White's dealings with Frank Dunlop?     Justice 4 Margaret group members    Fri May 09, 2008 11:47 
   One of the reasons for unfair dismissal     Justice 4 Margaret group members    Fri May 09, 2008 12:56 
   Why was the perfect Secretary fired? What had new PP to hide?     Justice 4 Margaret group members    Fri May 09, 2008 14:50 
   One rule for the Parish Priest but another for the Secretary?     Justice 4 Margaret group members    Fri May 09, 2008 15:24 
   Card sent to Secretary shortly before dismissal     Justice 4 Margaret group members    Fri May 09, 2008 15:33 
   Gifts to Secretary from Parish Priest then dismissed     Justice 4 Margaret group members    Fri May 09, 2008 15:46 
 10   Flowers presented to Secretary on behalf of Parish Priest at Golf fundraiser     Justice 4 Margaret group members    Fri May 09, 2008 15:56 
 11   Priest can give cards to Secretary without complaint     Justice 4 Margaret group members    Fri May 09, 2008 16:26 
 12   Fr. White's cards to Parish Secretary     Justice 4 Margaret group members    Fri May 09, 2008 16:29 
 13   Candle presented by Archbishop Diarmuid Martin     Justice 4 Margaret group members    Sun May 11, 2008 16:15 
 14   The Rise Before the Fall     Justice 4 Margaret group members    Sun May 11, 2008 16:26 
 15   It is almost 3 years now but keep fighting for justice     Justice 4 Margaret group members    Sun May 11, 2008 16:42 
 16   Once there was a 'HAPPY' normal working relationship in the Parish Office     Justice 4 Margaret group members    Sun May 11, 2008 19:09 
 17   Secretary decorated office got new furniture & chair then dismissed     Justice 4 Margaret group members    Sun May 11, 2008 19:25 
 18   Normal friendly atmosphere once prevailed at the Parish in Bray     Justice 4 Margaret group members    Sun May 11, 2008 19:36 
 19   What is going on?     Daithi    Tue May 13, 2008 22:46 
 20   Not exactly what it says     Justice 4 Margaret group members    Thu May 15, 2008 15:57 
 21   Bullied out of Parish Council at Our Lady Queen of Peace     Justice 4 Margaret group members    Thu May 15, 2008 16:08 
 22   Scan of official Parish Membership list     Justice 4 Margaret group members    Thu May 15, 2008 16:28 
 23   get larry out to grass with dear peggy.     michael bradshaw    Mon May 26, 2008 03:03 
 24   Lack of Christian Charity     Bella    Fri Jun 06, 2008 10:22 
 25   Reply to Bella     justice4margaret    Fri Jun 06, 2008 17:14 
 26   Update on the future hearings     Justice 4 Margaret group members    Sat Jun 21, 2008 00:33 
 27   Keep up the good work Margaret     Patricia McCafferty    Tue Jul 01, 2008 00:01 
 28   Thank you for your interest     Justice 4 Margaret group members    Tue Jul 01, 2008 08:43 
 29   Sorry no house blessing - all are NOT welcome!     Justice 4 Margaret    Sun Jul 06, 2008 13:43 
 30   560 Signed Petition For Reinstatement     Justice 4 Margaret group members    Sun Jul 06, 2008 15:41 
 31   Reality of this story....     Damien    Sun Jul 06, 2008 20:33 
 32   Reply to Damian THE REAL TRUTH     Justice 4 Margaret group members    Mon Jul 07, 2008 03:26 
 33   IS 'DAMIAN' THE CHURCH DEVIL AKA LUCIFER     Justice 4 Margaret group members    Mon Jul 07, 2008 03:41 
 34   ARCHBISHOP OF DUBLIN SEES GREATER NEED FOR LAY PEOPLE     Justice 4 Margaret group members    Mon Jul 07, 2008 19:01 
 35   Oh Come On !     Damien    Mon Jul 07, 2008 21:34 
 36   Reply to Damian (2)     Justice 4 Margaret group members    Tue Jul 08, 2008 09:34 
 37   Reply to Damien     Pat Byrne    Tue Jul 08, 2008 21:32 
 38   Answers     Damien    Tue Jul 08, 2008 22:14 
 39   "Priest's dismissal of secretary justified"     Donald Duck    Tue Jul 08, 2008 22:25 
 40   Sounds alot like :     Damien    Tue Jul 08, 2008 22:29 
 41   Reply to Damian and 'Donald Duck' many NEW facts that are relevant     Justice 4 Margaret group members    Wed Jul 09, 2008 13:27 
 42   Vatican's takings are down as well as Queen of Peace     Justice 4 Margaret group members    Thu Jul 10, 2008 11:02 
 43   KEEP UP THE GOOD WORK     Patricia McCafferty    Fri Jul 11, 2008 04:27 
 44   Parish Priest is a fast mover truth can be whitewashed see FACTS BELOW     Lorraine O'Brien    Sun Jul 13, 2008 13:27 
 45   We would like your comments Your Grace Archbishop Diarmuid Martin     Bernard McGowan    Sun Jul 13, 2008 14:22 
 46   PRESS CONFERENCE in Royal Hotel should confirm the truth     Justice 4 Margaret group members    Sun Jul 13, 2008 20:27 
 47   Proof ? You don't even know what it is     Damien    Sun Jul 13, 2008 22:23 
 48   PRESS CONFERENCE in Royal Hotel should confirm the truth     Margaret    Sun Jul 13, 2008 23:40 
 49   Margaret     Damien    Mon Jul 14, 2008 00:05 
 50   Slanderous accusations of Secretary - Eckhart proof     Margaret    Mon Jul 14, 2008 00:15 
 51   Clearer view of proof I was there     Margaret    Mon Jul 14, 2008 00:23 
 52   ALL THAT IS RELEVANT IS MY CLEARANCE - DAMIAN     Margaret    Mon Jul 14, 2008 00:32 
 53   Why wait ?     Damien    Mon Jul 14, 2008 00:47 
 54   CD EVIDENCE - check with Greystones Parish Priest     Margaret    Mon Jul 14, 2008 01:46 
 55   Bray Garda have copy of CD     Margaret    Mon Jul 14, 2008 01:53 
 56   Contact details for Dublin Diocese and Archbishop Diarmuid Martin     Justice 4 Margaret ANN & MARIE    Mon Jul 14, 2008 19:29 
 57   where are your family in all of this     parishioner    Tue Jul 15, 2008 17:04 
 58   An invitation to see truth of TEAM B member for yourself August 3.     Robert    Tue Jul 15, 2008 17:55 
 59   Job description for FAS employees and supervisors     Robert    Tue Jul 15, 2008 19:03 
 60   The Silent Scream - The Silence from Diocese     Sarah Johnston    Wed Jul 16, 2008 02:46 
 61   Transparency and accountability on the hill     Beth    Wed Jul 16, 2008 18:49 
 62   Clearing up confusion     Sarah Johnston    Wed Jul 16, 2008 20:50 
 63   Petition and References     Damien    Wed Jul 16, 2008 23:03 
 64   Is this Fr. White in full flow?     Sandra Browne    Wed Jul 16, 2008 23:51 


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