Complainant: Geraldine Baxter

Respondent: Little Sisters of The Poor

The WRC awarded 2 year’s compensation (€65,520) for unfair dismissal following a flawed disciplinary process.

The Complainant began working for the Respondent in April 2008 as a Payroll Administrator and was later promoted to HR Manager in 2016. She worked four days per week while retaining her contractual entitlement to 20 days of annual leave. Her working from home arrangements had been informally agreed upon and practiced for years. In 2022, a new Director of Nursing introduced changes to workplace policies, prompting an investigation into the Complainant’s timekeeping and leave records. The investigation process was flawed, lacking transparency and procedural fairness. The Complainant was not informed of her right to representation, was suspended without justification, and was never provided with a formal investigation report. Despite her grievances and procedural concerns, she was subjected to a disciplinary process led by a UK-based HR Director unfamiliar with Irish regulations. The process included late-stage witness interviews, inconsistent allegations, and an eventual decision to summarily dismiss her for gross insubordination, a charge never previously raised. An appeal was conducted by an external HR firm, which failed to engage with her concerns, and her dismissal was upheld.

The Respondent stated that the Complainant was invited to an investigation hearing on 5 May 2022 and suspended on 23 May 2022. A disciplinary hearing was scheduled for 15 June 2022, but she raised a grievance on 16 June 2022, pausing the process. Her grievance hearing took place on 6 October 2022, with an outcome issued on 9 December 2022. She appealed on 22 December 2022, but the appeal was dismissed on 24 January 2023. The disciplinary hearing resumed on 23 June 2023, resulting in her dismissal for gross misconduct on 17 July 2023. She appealed on 31 July 2023, with Graphite HRM handling the appeal on 31 August 2023. The appeal was denied on 21 September 2023. The Respondent maintained that proper procedures were followed throughout.

The Adjudicator found that the Complainant was unfairly dismissed. The Respondent failed to follow fair procedures in suspending, investigating, and disciplining the Complainant. The suspension, which lasted 14 months, was deemed excessive and unjustified. The investigation was flawed, as allegations were altered without informing the Complainant, and key witnesses were not properly interviewed. The disciplinary hearing was also unfair, with new charges introduced at the outcome stage without prior notice. The Respondent relied on inconsistent evidence and failed to provide the Complainant with a fair opportunity to defend herself. The dismissal decision lacked objectivity and was based on misunderstandings that could have been clarified informally. The Adjudicator concluded that the Complainant had no role in her dismissal and that the Respondent’s actions were wholly unreasonable. The Complainant was awarded 104 weeks’ remuneration (€65,520) as compensation for unfair dismissal and €5,040 for failure to provide proper notice under the Minimum Notice Act.

Employers should:

• Employers must follow fair procedures in disciplinary matters, including providing clear allegations, allowing employees to respond, and ensuring consistency in the investigation process. Allegations should not be altered during the process without informing the employee. Disciplinary decisions should be based on objective evidence; not assumptions or hearsay.
• Suspension should only be used when absolutely necessary and for a reasonable period. Employers must provide clear reasons for suspension and give employees an opportunity to respond before implementation. Investigations must be thorough, involving all relevant witnesses, and should not introduce new allegations without proper notice.
• Dismissal decisions must be supported by substantial evidence and follow due process. Employers should communicate clearly, ensure policies are consistently applied, and avoid making subjective judgments. If dismissal is considered, alternatives such as clarification meetings or retraining should be explored before taking severe action.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2025/january/adj-00048496.html