A Mechanic v A Motor Dealer [2019] ADJ-00016225

Keywords: Unfair Dismissal, Gross Misconduct, Breach of Fair Procedures; Absence

This case highlights the importance of an employer to adhere to their disciplinary policies before they dismiss an employee. The Complainant was employed as a mechanic with the Respondent company. In August 2018, the Complainant had arrived late for his shift for the second consecutive day and had also smelled of alcohol. He had been sent home the previous day for the same offence.

The Complainant failed to follow the Respondent’s instructions to report to the General Manager. He did not provide any explanation as to why he was late. When the manager informed the Complainant that this type of behaviour ‘could not go on’ and that it was dangerous for him to be working under these circumstances, the Complainant stated "you’re the boss, do what you like". The General Manager then dismissed the Complainant.

The Complainant’s main or most significant argument was that he had been denied any aspect of a fair procedure or proper investigation of the circumstances of his late arrival, and he had no access to a disciplinary hearing or appeal. However, the Respondent maintained that the Complainant was dismissed for gross misconduct and that he had previously been given three oral warnings in relation to his behaviour.

The court concluded that there were no circumstances which justified a peremptory dismissal. The Respondent’s failure to follow its own procedures relating to the company’s disciplinary process resulted in unfair dismissal taking place. Accordingly, the Complainant was awarded compensation amounting to €2,500.00.

https://www.workplacerelations.ie/en/Cases/2019/April/ADJ-00016225.html