Tribunal Awards £260,000 to Cleaner Over Unfair Dismissal
A part-time cleaner, Peak Ong, 72, has been awarded more than £260,000 after an employment tribunal determined she was unfairly dismissed by Aberystwyth University following a dispute involving a rice cooker.
Ong, who worked at Aberystwyth University in Ceredigion, was dismissed in 2021 after being accused of breaching a confidential agreement from a mediation hearing. This followed a prolonged history of disputes with her manager, Catherine Green.
The mediation hearing was convened after Ong alleged that Green accused her of purchasing a rice cooker for a student, an item banned in the university's residential buildings.
The employment tribunal found that Ong was not given any warning that breaching the agreement could result in disciplinary action.
Additionally, the tribunal concluded that Ong was "victimised" by the university after losing a job offer at Ceredigion Council following her dismissal. The university's confirmation of an "ongoing dispute" in a reference also hindered her ability to secure other employment.
Employment Judge Dilbaag Bansal stated: "We find this was a clear reference to the tribunal claim issued by Ong. We find the university's conduct was irresponsible and retaliatory."
Ong was awarded £264,442.09 in compensation by the university.
University's Position and Tribunal Findings
According to the tribunal report, the university maintained that Ong was dismissed due to failure to improve her conduct following mediation. However, the tribunal identified flaws in the disciplinary process.
A university spokesperson acknowledged that some procedures were "not applied correctly in this instance".
They added: "We are sorry for the impact this had on those involved."
Ong was employed by the university from November 2014 until May 2022 and was 69 years old at the time of dismissal.
She emigrated from Malaysia to the UK in 1989 to pursue her studies and represented herself during the tribunal proceedings.
Background of Disputes Between Ong and Manager
The tribunal heard that Ong had multiple disagreements with her manager, Catherine Green, and had lodged several complaints alleging bullying and harassment, asserting that Green wanted her removed due to her age.
In June 2019, Ong was assigned a new line manager. In June 2020, she emailed the then vice chancellor to complain about Green's "ruthless and bullying behaviour."
However, in September 2020, Green resumed her role as Ong's line manager and subsequently filed a formal complaint against Ong in February 2021, describing Ong's behaviour as "unmanageable" and adversely affecting her ability to perform her duties and impacting the team.
These complaints were upheld following an investigation, which recommended a review of their working relationship.
Incident Involving Rice Cooker
Later in 2021, the tribunal heard that Green discussed with Ong an incident involving a student whose rice cooker had been confiscated by the university.
The tribunal report stated: "On 12 March 2021, Green held a meeting with Ong to discuss a number of issues with Ong. According to Green in her witness statement, 'there seems to be a discussion around a rice cooker, which is banned item in halls of residence. If a rice cooker is found, the usual process is for team leaders, to be contacted and for them to remove the item to safe storage'."
Ong alleged that Green accused her of "supplying students with rice cookers," a claim Ong denied.
Green countered that she did not accuse Ong as alleged but "may have reminded Ong a rice cooker was a banned item."
The tribunal found that Green did not accuse Ong of misconduct regarding the rice cooker incident.
Mediation and Subsequent Dismissal
In October 2021, Ong and Green participated in a mediation hearing where they agreed to improve their working relationship.
However, Green complained a month later that Ong's behaviour was "putting everyone under stress, and having an impact on their wellbeing," leading to Ong's suspension.
Ong received a final written warning and was informed she could seek a different role within the university within seven weeks. Despite submitting numerous applications, she was unable to secure another position and was subsequently dismissed.
Impact on Employment Opportunities
In September 2022, Ong received a conditional job offer from Ceredigion Council as a night care assistant, contingent on providing a reference.
Upon requesting a reference from the university, a human resources employee provided a negative reference, resulting in the withdrawal of the job offer.
Emotional and Mental Health Effects
The tribunal report noted that Ong was able to find temporary short-term work after her dismissal, but the loss of the council job offer was "devastating."
The judge stated: "The impact and effect of losing her job with the respondent in May 2022 affected her significantly in that her mental health and depression increased. She explained she felt fearful, hopeless and empty and had sleep issues. This was further exacerbated when the council withdrew the job offer. This decision caused her great upset, anger, distress, anxiety and sleepless nights. She also felt humiliated."
The judge further concluded that Ong's dismissal was "substantively and procedurally unfair."
Several other claims made by Ong against the university were dismissed.
University Response
A university spokesperson commented: "While the tribunal found in the university's favour for the majority of the claims brought in this complex case, we recognise that some procedures were not applied correctly in this instance.
"We are sorry for the impact this had on those involved.
"We respect the tribunal's decision and are reviewing our processes to ensure this cannot happen again.
"The university remains committed to supporting our staff and fostering a professional and inclusive working environment."
