A KITCHEN OPERATIVE has been awarded nearly €8,000 for discrimination after she was sacked via text message the day after becoming ill at work as a result of her disability.

Caroline Silva had been employed by Bellew Food Company Limited, which trades as Finnegan’s Farm in Meath, for less than two months when she was summarily dismissed on 6 November last year.

Paul Finnegan, a director of the company, maintains a high profile on social media on his mission to “re-brand the potato”, and was a contestant on Ireland’s Fittest Family on RTÉ in 2022.

Silva brought a complaint to the Workplace Relations Commission (WRC) under the Employment Equality Act, alleging that her dismissal had constituted an act of discrimination on grounds of disability.

She said “everything was fine” when she was hired last September, but problems began to arise with her general manager, who she claimed made “nasty comments” about her.

On 5 November, Silva began work at 7am, but felt unwell a short time later and became very weak.

She was helped to a changing room by a colleague, but was told that there was nobody available to bring her to hospital, according to her complaint.

She later attended her doctor, and was diagnosed with hypertension or high blood pressure. This was a symptom of a pre-existing blood condition, which could also make her feel unwell and unable to function properly.

Her employer was aware of her condition, she said. Nobody from Finnegan’s Farm attended the hearing.

The following day, she provided management with a medical certificate from her doctor covering 6 and 7 November.

She informed the production manager that she would have to wear a 24-hour blood pressure monitor at work.

Later the same day, she received a message from the production manager via WhatsApp, requiring her to provide a fitness-to-work reference due to her “ongoing absences”.

A second message was subsequently received.

“Hi Caroline, just talked to my general manager about you and unfortunately we need to let you go, it didn’t work out, sorry about it. Wish you all the best in the future,” it read.

Silva replied, seeking to talk to the production manager about being let go, but she received no response.

She claimed that her dismissal was linked to the illness that had been caused by her disability. She told the WRC that it was “too much of a coincidence” that she was “fired” the day after the episode.

In his decision, WRC adjudication officer Roger McGrath said the respondent company had been aware of Silva’s disability, and the bout of illness was related to that disability.

The dismissal was also related to her disability.

“I find that the complainant has adduced sufficient evidence to establish a prima facie case. In the absence of evidence from the respondent, I find the complainant was discriminated against,” he said.

Silva was awarded €7,800 in compensation for the effects of the discrimination.