The Complainant, who was employed as a Paramedic until May 2018 contended that he had been unfairly dismissed. The Complainant also claimed that his employment was terminated without notice.

The Complainant advised the Respondent employer in April 2018 that he was unwell and would not be at work the following day. On the following day he attended a football match that his son was playing in as he felt well enough but did not attend work as his understanding was that he could not attend work until 48 hours after the virus had passed. On the 9th of April he arrived for work where he found out that the Respondent had arranged for somebody to take a photo of him at the football match. The Complainant felt harassed by the Respondent and left the premises. Thereafter he submitted a grievance against the manner in which he was treated by the Respondent but to date that grievance has not been heard.

The Complainant outlined that the Respondent had been unreasonable in their decision to terminate the Complainant’s employment and that there had been many breaches in procedures during the investigation, disciplinary and appeal process. It was also submitted that the appeals process provided for the appointment of an external person to hear the appeal, but this did not happen.

The Respondent argued that the Complainant was dismissed following an investigation into a number of allegations. Upon appeal, certain allegations were revoked/partially revoked but ultimately the decision to dismiss was upheld.

The Court found that there was a clear breach of the principles of natural justice, “nemo iudex in causa sua”, and decided that compensation was the appropriate redress for the Complainant.  Therefore, the Respondent was ordered to pay the Complainant the sum of €5,000.
https://www.workplacerelations.ie/en/cases/2019/december/adj-00015651.html