Summary Sentence: 
Parties reached agreements; Respondent admitted unfair dismissal, breached notice law, awarded over €16,000 in damages.

Background:
The Complainant alleged his employment was terminated without due process while on sick leave. He claimed he received no written notice, notice pay, annual leave entitlement, or pension contributions due. He asserted the Board of Management pressured him to retire due to his age and stagnant salary, despite having no performance issues. Following his refusal to resign, he faced hostile actions, including "sham" investigations and false complaints. The Complainant went on sick leave due to stress; however, was suspended without reasons, and found his office locks changed. Despite notifying the Respondent of his return date, he was dismissed on October 2nd, 2023, allegedly due to an uncommunicated return date. The Complainant disputed this, providing proof of fitness to work but claimed he received no response.

The Respondent submitted that in November 2022, management received a detailed bullying complaint against the Complainant from a staff member. An external investigation was initiated in January 2023, but the Complainant refused to engage until his own separate (2018) grievance was addressed. A second bullying complaint was received in February 2023. Despite repeated attempts, the Complainant did not cooperate with the investigations, resulting in a report upholding six of eight allegations against him. Disciplinary procedures were initiated, but the Complainant went on sick leave, stalling meetings. His intermittent returns and further sick leaves hampered the process. On September 30, 2023, the Board decided to dismiss him due to his non-commitment to return dates.

Outcome:
During the hearing, parties reached several agreements. The Respondent conceded that the termination of the Complainant’s employment was unfair under the Unfair Dismissal Act 1977. Submissions on redress were requested from both parties. The Complainant's submission largely attempted to re-litigate issues already addressed, including a demand for reimbursement of legal expenses (which is beyond the WRC Adjudicators' powers). The Respondent also admitted to breaching the Minimum Notice and Terms of Employment Act 1973, by not providing payment in lieu of notice, agreeing to a compensation of €3,660.46. The Complainant withdrew his discrimination complaint under the Employment Equality Act 1998 and his complaint under the Payment of Wages Act 1991 regarding pension entitlement. Submissions were invited on the holiday pay complaint under the Payment of Wages Act 1991.

Given the strained relationship between the parties, reinstatement or re-engagement was deemed unrealistic, making compensation the appropriate redress. The Unfair Dismissal Act’s Section 7(2) factors were considered in determining compensation.

It was held that the Complainant's refusal to cooperate with a workplace investigation significantly contributed to his dismissal. Despite the unfair termination, the Complainant’s conduct and insufficient efforts to mitigate losses impacted the compensation amount. Considering his age and difficulty finding new employment, the complainant was awarded €8,500 for unfair dismissal, €3,660.46 for lack of notice, and €2,287.79 for unpaid holiday pay. The discrimination and pension entitlement complaints were withdrawn.

Practical Guidance for Employers:
Employers should ensure clear and consistent communication throughout all stages of employment, particularly during disciplinary proceedings and when an employee is on sick leave. Maintain thorough records of all correspondence and decisions related to employment status changes. Engage impartially and promptly in investigations, addressing complaints fairly and documenting outcomes transparently. Further, adhere strictly to statutory obligations such as notice periods and entitlements to avoid legal disputes. Employers should foster a workplace culture that values inclusivity and respects employees' rights, irrespective of age or tenure. When disputes arise, be sure to prioritise mediation and resolution to mitigate potential legal risks and maintain productive workplace relationships.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/june/adj-00049427.html