A Dundee care assistant who was sacked for gross misconduct over an incident where she was investigated by police has won more than £20,000 for unfair dismissal.
The procurator fiscal decided to take no proceedings against Lorraine Fletcher, of St Fillans Road, over the episode at Monroe House.
The owners at the time, Castlebeck Care Ltd, decided to continue with disciplinary proceedings against her despite the prosecution being dropped.
She had been suspended after the incident, which occurred on January 31 last year and came to light after a complaint by a resident.
Monroe House looks after people with learning disabilities and mental health issues.
The home’s investigation culminated in a disciplinary hearing and her dismissal on grounds of gross misconduct.
Mrs Fletcher, 44, tried to appeal but no such hearing took place as Castlebeck went into administration and a new owner took over.
Employment tribunal judge Nicol Hosie said he was not persuaded that Mrs Fletcher was guilty of gross misconduct.
The respondent did not appear at the tribunal and failed to show the reason for dismissal as required by employment law.
Mrs Fletcher had worked at the home for 2 years but had not been given a written statement of her terms and conditions of employment.
The tribunal ruled that Castlebeck’s administrators should pay her £13,725 in compensation for her unfair dismissal and £6,841 for an unauthorised deduction from her wages.
Police launched an investigation into the behaviour of five members of staff at the home in Americanmuir Road after allegations were made by relatives of residents.
A month ago the current operator, Danshell Adult Healthcare, promised to make improvements after criticism from watchdog Healthcare Improvement Scotland.
Inspectors found that patients were not always treated with dignity and respect and staff morale was low.
Danshell pledged to implement the recommendations.