In this case, the employee, Mr. Coughlan, was awarded the maximum compensation of 104 weeks salary for unfair dismissal.  The case makes clear that any “spent” or expired disciplinary sanctions cannot be used by an employer in subsequent disciplinary proceedings against an employee.  It is also a reminder that any disciplinary sanctions imposed on an employee must be proportionate to the complaint against them and that an employer must consider alternative sanctions to dismissal where appropriate.

The decision arose from an appeal by DHL Express (Ireland) Ltd (hereinafter referred to as “DHL”) against the decision of an Adjudication Officer of the Workplace Relations Commission dated 30th January 2017.

The employee had brought a claim of unfair dismissal arising out