This case concerned the alleged unfair dismissal of a pool lifeguard. The dismissal was on the basis that the claimant left the pool deck contrary to the pool's safety policy. However, the Tribunal held that the documentation provided by the employers, which addressed staffing levels etc, was confusing and the claimant had no reason to believe he was breaching recommended ratio levels. Similarly, the Tribunal found that there was no evidence of gross misconduct on the claimant's part:
"Aside from the procedural irregularities in the conduct of the matter by the respondent, and in particular the failure to refer to the basis of the suspension of the claimant at the time and the failure to provide the disciplinary procedure and staff handbook to the claimant at any stage in advance of his suspension, it is not clear in the circumstances that the claimant was guilty of any misconduct, let alone gross misconduct."
The Tribunal awarded some €27k in compensation.
https://www.workplacerelations.ie/en/Cases/2015/July/UD1590_2013.htmlÂ
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