Background:

The Complainant is an apprentice electrician, and worked with the Respondent, an electrical contractor, from 1 December 2022 until his dismissal on 7 February 2023. The Respondent uses a three-month probationary period, and during that period the Respondent accused the Complainant of falsely recording his working hours. The Complainant was invited to a meeting to discuss the timekeeping issue on 3 February, which the Complainant accepted and apologised for. The following day the Complainant was invited to a disciplinary meeting on 7 February at the private home of the owner of the Respondent. The Complainant brought his mother as a representative, but was told by the Respondent that she could not attend. As a result, the Complainant refused to engage in the meeting, and was dismissed on the spot by the Respondent. The Complainant progressed an appeal of this decision through the Respondent’s appeals process, which found the dismissal substantively fair and upheld the decision to dismiss.

Outcome:

The Adjudication Officer found the procedural failures on the part of the Respondent were such that they fundamentally impacted the Complainant’s right to fair procedures and due process. He rejected the submissions from the Respondent that the procedural unfairness should be put aside, not accepting that it did not impact the outcome of the process. Taking into account the circumstances, and acknowledging the case was processed under the Industrial Relations Acts, the Adjudication Officer recommended a payment of €5,000 by the Respondent to the Complainant for the breach of his rights in the process.

Practical Guidance for Employers:

Clear lines are essential between investigation and disciplinary procedures, and these should be made clear to any employee well in advance of any meeting related to either.

The full case is here:
https://www.workplacerelations.ie/en/cases/2023/november/adj-00044496.html