University cleaner awarded £264k compensation after being sacked over rice cooker dispute

A part-time university cleaner has been awarded £264,442 in damages for unfair dismissal and victimization following a court order dismissing her following a dispute over a student’s rice cooker.

Peak Ong, then 69, successfully brought his case against Aberystwyth University, where he had worked 15 hours a week as a cleaner since 2014.

The employment tribunal heard his dismissal was due to a long-running feud with his manager, Catherine Green. The feud escalated further after Ms Ong was accused of buying a rice cooker for a student whose appliances had been confiscated due to a university ban.

The University of Wales had argued that Ms Ong was dismissed because she did not improve her behavior after mediation.

But the Birmingham court found significant flaws in his disciplinary process. It also found Aberystwyth University had provided a harmful reference when Ms Ong was looking for a new job.

Ms Ong, who came to the UK in 1989 to study and represent herself, saw Ms Green become line manager in June 2017.

The pair were heard to have had disagreements at work, with Ms Ong making numerous complaints about Ms Green claiming she was “bullied and harassed by”. [Ms Green] and wanted him to come out because of his age,” he said.

A new line manager was appointed in August 2019 after making a formal complaint against Ms Green.

The following year, he emailed the then-vice-chancellor complaining about Ms Green’s “brutal and bullying behaviour”.

Ms Green made a formal complaint about Ms Ong’s behavior in February 2021, saying it was “unmanageable and had a negative impact on her ability to do her job and her team”.

The court heard: “He was informed by his team that: [Ms Ong]behavior; [Ms Ong] refused to interact with him; he would shout at her; and engaging in discourteous and disrespectful behavior. He couldn’t stand it anymore [Ms Ong]It’s irrational behavior.”

Ms Green’s complaints were accepted following an investigation and a recommendation was made for a review of working relationships.

The researcher found: “The obvious negativity [Ms Ong]relationship with [Ms Green] “There doesn’t seem to be a response in the other direction.”

It was heard that Ms Green had to speak to Ms Ong about the rice cooking incident.

The court heard: “On March 12, 2021, [Ms Green] held a meeting with [Ms Ong] to discuss some issues [Ms Ong].

“Accordingly [Ms Green] In the witness statement, ‘It seems that there was a discussion about the rice cooker, which is banned in the dormitories. If a rice cooker is found, the usual process is to contact Team Leaders and have them remove the item to secure storage’.”

Ms Ong claimed Ms Green accused her of “providing students with rice cookers”, which Ms Ong denied.

Ms Green said she did not blame Ms Ong as she claimed but “may have reminded her”. [Ms Ong] The rice cooker was a prohibited item”.

The court found that Ms Green did not accuse Ms Ong of misconduct in relation to the incident.

In October 2021, the two participated in mediation where they made some agreements about their business relationship going forward, but there was no warning that breach of the confidential agreement could lead to disciplinary action.

Ms Green complained the following month that Ms Ong’s behavior was “putting everyone under stress and affecting their well-being”.

Ms Ong was subsequently suspended and, after a flawed investigation process, was given a final written warning and told she could attempt to find alternative employment at the university within seven weeks.

Despite applying many times, he could not find a job and was dismissed.

Ms Ong successfully applied for the role of night care assistant with Ceredigion Council in September 2022.

He needed to provide a reference for the conditional job offer, so he requested one from Aberystwyth University.

Ms Ong’s “integrity/integrity; working relationship with colleagues and the public; disciplinary record; and reason for leaving”, an HR employee said.

“I am unable to comment – ​​the University remains in dispute with the applicant and is an element of that dispute; and the University remains in dispute with the applicant,” the employee wrote in response to each question.

Ms Ong lost her job offer as a result of this reference and the court found that she was aggrieved.

Labor Judge Dilbaag Bansal said: “We think this is a clear reference to the Court’s contention. [Ms Ong]. we find [university]“his conduct was irresponsible and retaliatory.”

Ms Ong, who is now in her 70s, said she felt “humiliated” by the incident and appeared to have “made reasonable efforts to mitigate her loss” following her dismissal.

Awarding compensation, the judge said: “We are satisfied that there was a direct link between the two. [university]”established act of victimization and [Ms Ong]The loss continues.

“But for this [university]illegal action, [Ms Ong] He was going to start working on the Council.

“Also, the withdrawal of this employment opportunity [Ms Ong] he loses the opportunity to remain economically active for the remainder of his working life.”

The judge added that his dismissal was “substantively and procedurally unfair”.

EJ Bansal said, “First of all, we say this about the mediation agreement.

“Violation of the mediation agreement was the reason for the disciplinary penalty against him.” [Ms Ong].

“This agreement was a private agreement between us. [Ms Green] And [Ms Ong]Facilitated by. [university] improving working relationships.

” [university] was not a party to this agreement.

“So we question: [university] “He was able to rely on this agreement, which did not clearly state that violation of this agreement could lead to disciplinary action.”

All of Ms Ong’s other claims were dismissed.

A spokesman for Aberystwyth University said: “Whilst the court found in the university’s favor on most of the claims made in this complex case, we are aware that some procedures were not followed correctly in this instance.

“We regret the impact this has had on those involved. We respect the court’s decision and are reviewing our processes to ensure this does not happen again.

“The University is committed to supporting our staff and promoting a professional and inclusive working environment.”