Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.
Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.
Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.
Summary Sentence:
The Complainant’s dismissal by the Respondent for misappropriating a pair of socks which the Complainant believed would be thrown away was disproportionate and constituted an unfair dismissal.
Background:
The Complainant had been in the employment of the Respondent or its predecessor for a period of 27 years with an unblemished record. In November 2022, the Complainant came across a pair of knitted socks on top of a pile of boxes which were to be disposed of. The Complainant said in evidence that she believed these socks were to be thrown away with the boxes, and as a result took the socks and placed them in her handbag for her own purposes. This action was captured on CCTV and the Complainant was the subject of an investigation for the action.
The Respondent said that the socks belonged to a voluntary art teacher who provided services for the Respondent, and that the Complainant had initially denied that she had taken anything, which showed a level of dishonesty on the part of the Complainant. The Complainant was placed on paid leave while the investigation was undertaken and eventually was subject to a disciplinary process, which dismissed the Complainant on the basis of gross misconduct due to theft.
Outcome:
TheAdjudicationOfficer, noting the Complainant’s long service, impeccable record, and proximity to retirement, found that the investigation and disciplinary procedures were flawed and seemed to be “nothing more than a box-ticking exercise”. It was also inappropriate for the Respondent to have suspended the Complainant during the course of their investigation, as it was unnecessary in the circumstances. Taking the breakdown of the relationship between the parties into consideration, the Adjudication Officer directed the Respondent to pay the Complainant €15,000.
Practical Guidance for Employers:
A “zero tolerance” policy towards behaviours such as theft is inappropriate and may, if paired with flawed procedures, give rise to liability for an unfair dismissal.
The full case is here:
https://www.workplacerelations.ie/en/cases/2024/april/adj-00044308.html
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