An agricultural worker accused of mistreating a cow in a milking parlour has been recommended to receive €500 for his unfair dismissal.

The worker claimed at the Workplace Relations Commission (WRC) that he had only given the cow a "slap" to move it along.

This was, he claimed, after the cow had kicked and crushed his father who was also an employee.

The father and son were milking cows in the farm’s milking parlour on the date of the incident on 16 January 2020.

Angry

However, WRC adjudicator Thomas O’Driscoll said that he preferred the evidence of the employer who said that he became angry after he saw the agricultural worker excessively beat a cow with a milking cluster.

The employer told the WRC that animal welfare is important and considered the actions of the employee to be an act of cruelty.

O’Driscoll found that the employer “gave a credible account that he saw his animal being mistreated”.

I am more inclined to believe that there was more than that involved

O’Driscoll stated: “Whereas the employee submitted that he only gave the cow a ‘slap’, I am more inclined to believe that there was more than that involved.”

The adjudicator stated that both parties agree that there was a verbal altercation which led to the termination of employment.

O’Driscoll stated: “It is difficult to conclude whether such ‘heat of the moment’ situations are clearly resignations and/or dismissals. I conclude that it was a mixture of both."

The worker only commenced work on 21 November 2019 until his dismissal on the day of the milk parlour incident.

Heated situation

In his findings, O’Driscoll found that the manner of the termination was unfair in that the employer did not carry out any of the requirements that a reasonable employer would carry out in such a heated situation.

O’Driscoll found that the employee was not blameless in this situation.

"There was a credible account given of mistreatment of an animal and furthermore, he did not deny that he shouted he was going to elsewhere for higher wages.

Unfair

“I therefore find that there was an unfair dismissal but that the employee contributed significantly to his dismissal.”

The recommendation to pay the worker €500 is not binding on the employer as the case was taken by the worker under the Industrial Relations Act.

The worker was precluded from taking a case under the Unfair Dismissals Act as he had worked on the farm for less than 12 months.