Summary Sentence:
Adjudication Officer held Respondent to balance safety, fairness, and legal obligations in disciplinary actions.

Background:
The Complainant was stopped by Gardai while driving the company van he managed, which was found to contain illegal drugs. Though prosecuted, he received a minimal penalty. He had passed all employer drug tests, was not a user, but claimed he was coerced by others due to a gambling addiction. It was claimed the Respondent failed to uphold natural justice principles in dismissal, reflected in their internal disciplinary appeals. Therefore, the dismissal decision should be overturned, with the Complainant reinstated and loss of income restored. The Complainant also sought payment for unpaid suspension periods and minimum notice.

The facts of the case were undisputed by the Respondent. The Respondents argued that the safety concerns outweighed the Complainant’s natural justice and procedural arguments. The Complainant, involved in critical railway work, was found with illegal drugs and convicted, making safety a paramount concern for the company. The Appeal Chairman produced a detailed 9-page report on the case; however, the Respondent rejected his findings. Despite procedural integrity, the Respondents insisted on not reemploying the Complainant, prioritising safety governed by the Railway Safety Act of 2005.

Finding:
The Adjudicator, noting the unsuccessful "Reflection" period, noted resolution under Section 7 of the Unfair Dismissal Act, i.e. reinstatement or reengagement, was deemed impossible due to safety concerns. Therefore, financial compensation was chosen. The Complainant was awarded €40,000 (44 weeks' pay) as pragmatic closure and in acknowledgement he was not a drug user. Further, eight weeks’ minimum notice pay (€7,200) was awarded due to the unfair dismissal. The resolution, was noted as reflecting the Respondent’s safety obligations and the Appeal Chairman’s report; namely, pragmatically closed the case while addressing safety and legal concerns.

Practical Guidance for Employers:
Employers should ensure that dismissal procedures adhere to natural justice and fair procedures, even in cases involving serious safety concerns. When an employee is implicated in illegal activities, such as possession of drugs, employers must balance safety obligations with fair treatment. Comprehensive internal investigations and adherence to disciplinary processes are crucial. In the case provided, the employer prioritised safety governed by the Railway Safety Act of 2005, but this must be done transparently and justly.

Employers should:

• Conduct Thorough Investigations: Document all findings and ensure procedural integrity.
• Uphold Fair Procedures: Adhere to established disciplinary and appeal processes, ensuring fairness and transparency.
• Consider Safety Implications: Prioritise safety, but weigh it against procedural fairness.
• Engage in Reflection Periods: Use reflection periods effectively to seek resolutions.
• Legal and Financial Considerations: Be prepared for potential legal challenges and financial compensation if dismissal is deemed unfair.

By maintaining a balanced approach, employers can safeguard their operations while ensuring employees’ rights are respected.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/june/adj-00048939.html