The Complainant in this case was employed as an Excavator Driver by the Respondent and commenced employment in October 2018.  In August 2019, an incident occurred on the work site which resulted in the Complainant being suspended from work without notice.

The Complainant never resumed employment with the Respondent. The incident which occurred involved an underground cable which was damaged. Another workman, employed by a different contractor, accused the Complainant of trying to shift the blame for the incident and then assaulted the Complainant.

The Complainant submitted that he consulted his Solicitor following his suspension who sent a letter to the managing Director of the Construction Company.  The letter highlighted that the Respondent was not in compliance with the legal obligations of an employer as the Complainant had not been furnished with a written statement of his terms of employment, nor had the Complaint received written procedures as regards the grievance and disciplinary procedure.  The Complainant submitted that he attempted to return to work, but the Respondent failed to meet him and made no further communication with him.

The Respondent Construction company argued that the Complainant’s contract on the motorway site ended on the 10th of September 2019 and there was no guarantee given to the Complainant regarding work on another site. The Respondent claimed that they believed the Complainant had started employment with another employer.

The Managing Director of the Respondent stated that the Complainant had failed to contact him even though he was on site on the Monday in question. Throughout the hearing, the Respondent accepted that the suspension of the Complainant and the manner in which it was carried out was wrong.

The Adjudication Officer made reference to the fact that the Complainant was placed on an indefinite suspension as a punitive measure with no mention being made regarding the holding of an investigation. This, the Adjudication Officer considered, was procedurally deeply flawed and unreasonable.

In the circumstances, The Adjudication Officer held that the Complainant had been unfairly dismissed and ordered the Respondent to pay to the Complainant the sum of €8,000.00 as compensation.
https://www.workplacerelations.ie/en/cases/2021/june/adj-00027194.html