This case illustrates the significance for an employer to utilise the appropriate disciplinary procedure to investigate an incident in the workplace.

The Complainant was employed as a lorry driver delivering oil with the Respondent company since 1984 and his employment ceased on the 27th of July 2018. During this time the Complainant did not commit any road traffic offences.

In May 2018, a relatively small oil spillage occurred while making a delivery to a new customer.  The customer contacted the Respondent requesting the delivery of two bags of pellets to treat the affected area. Following this the Complainant was approached by management for an investigation meeting which resulted in a meeting with the Regional Sales Manager to discuss the incident.

Subsequently, the Complainant was dismissed for gross misconduct. His appeal of this decision was refused by the Respondent. The Complainant submitted that he was dismissed in breach of the principles of fair procedures and natural justice. He also opined that the Respondent failed to properly consider all matters which ultimately led to their failure to ensure a fair process in all of the circumstances.

The Respondent argued that the Complainant’s dismissal was fair and reasonable in the circumstances. As the Complainant had allegedly breached company policy, the Respondent submitted that they no longer had any trust or confidence in the Complainant. The Respondent informed the court that the Complainant’s failure to report the incident to management justified his dismissal.

In reaching their decision, the court stated how “the onus is on the employer to establish that there were substantial grounds justifying the dismissal”.

The court opined that the allegations against the Complainant did not justify the imposition of the sanction of dismissal, particularly considering the Complainant’s long service and his clean disciplinary record.

The Complainant was therefore awarded a sum of €22,419 in compensation for loss of earnings.  
https://www.workplacerelations.ie/en/cases/2019/may/adj-00017738.html