Background:
The Labour Court referral involved a worker's dismissal from Ryanair Holdings PLC due to alleged misconduct. The worker initially referred the dispute to the Workplace Relations Commission under Section 13 of the Industrial Relations Act, 1969. However, Ryanair objected, preventing the matter from proceeding. Subsequently, on March 15, 2024, the worker made a unilateral referral to the Labour Court under Section 20(1) of the same Act, agreeing to be bound by the Court’s recommendation. A Labour Court hearing took place on June 21, 2024. Notably, Ryanair's request to have a stenographer present at the hearing was denied by the Court, leading Ryanair to consider seeking a judicial review. Ultimately, Ryanair decided not to attend the hearing. The worker's dismissal process involved an investigation, disciplinary hearing, and appeal, with the worker disputing the conclusions reached at each stage rather than the procedure itself.

Finding:
The Labour Court reviewed the written and oral submissions from both parties. Ryanair’s initial written submission mistakenly addressed a Section 13 referral instead of the actual Section 20 referral before the Court. Despite this, the Court considered the submission as representing Ryanair’s perspective on the dispute. Ryanair decided not to attend the hearing following the Court’s refusal to allow stenography. The Court proceeded with the hearing in Ryanair's absence, acknowledging that the dismissal procedures were followed but noting the worker’s dissatisfaction with the conclusions of those procedures. The Court's role was to provide an opinion on resolving the dispute, not to reassess the disciplinary decisions. Considering the worker's concerns, the Court recommended a goodwill gesture in the form of an ex-gratia payment. Thus, the Court suggested that Ryanair should make a goodwill payment of €3,000 to the worker as a full and final settlement of the dispute, without prejudice to either party's position.

Practical Guidance for Employers:
Employers should ensure transparency and procedural fairness in all disciplinary and dismissal actions to mitigate disputes. Properly document all stages of disciplinary processes, including investigations, hearings, and appeals, ensuring compliance with established procedures. In disputes, provide accurate and relevant submissions tailored to the specific legal context. Engage cooperatively with adjudicating bodies, respecting procedural decisions, such as the prohibition of stenography, to avoid unnecessary complications. In cases of contested dismissals, consider the potential benefits of goodwill gestures, such as ex-gratia payments, to resolve disputes amicably without admitting fault. Maintaining open communication and addressing employees' concerns thoughtfully can prevent disputes from escalating to formal adjudications. Moreover, staying informed about and adhering to relevant legislative provisions, such as the Industrial Relations Act, is crucial for managing employee relations effectively and ensuring fair treatment.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/july/lcr23002.html