Background:
The Complainant began working as a part-time Receptionist for a GP on-call service on 13 October 2020, earning €12,487.11 annually. She described attending several call review meetings without receiving minutes or summaries and felt exhausted during them. At her disciplinary meeting, she was unclear about the reasons for her dismissal, alleging that it was particularly harsh, and she was told she was not good at her job. After seeking union advice, she submitted a grievance, but this was not investigated, and she felt there was no point in appealing, believing the decision was already made. She denied receiving her employment contract. After her dismissal, she applied for several jobs in 2023 but was unsuccessful. As a single mother, the dismissal affected her mentally.

The Respondent presented evidence that the Complainant was dismissed due to persistent poor performance; describing various efforts to improve the Complainant’s performance, including informal peer support and formal review meetings where calls were evaluated. Seven meetings were held, and on 3 October 2022, the Complainant was invited to a disciplinary hearing. During the disciplinary meeting, accompanied by her union representative, the Complainant raised allegations instead of addressing the concerns raised. After failing to respond by the 17 October deadline, the Respondent issued a termination letter on 1 November, citing the Complainant's performance as "untenable." No appeal was lodged. Her manager acknowledged scheduling review meetings after night shifts, which caused stress for the Complainant. Also, it was admitted that there were no minutes of meetings, and that the manager had played roles in both the investigation and disciplinary decisions. Although grievances were raised during the 10 October meeting, they were not addressed as the focus remained on the disciplinary.

Finding:
The Adjudicating Officer noted the Unfair Dismissals Act 1977 requires employers to justify dismissals, with dismissal presumed unfair unless substantial grounds exist. Section 6(4) outlines that dismissal related to capability or competence may be considered fair, while the Unfair Dismissals (Amendment) Act 1993 emphasises the reasonableness of the employer’s actions. Fair procedures, as noted in Khan v Health Service Executive (2009), are fundamental, ensuring employees receive proper notice, an opportunity to defend themselves, and unbiased decision-making. Natural justice requires independent investigation, disciplinary decisions, and appeal processes.

In this case, it was held the Respondent failed to follow fair procedures. The allegations against the Complainant were vague and unsupported by evidence, with no minutes or documentation provided from the review meetings. The disciplinary process lacked transparency, and the HR manager’s involvement in both investigation and decision-making compromised impartiality. The Complainant, despite union representation, did not appeal due to procedural confusion. Ultimately, the dismissal was deemed unfair and disproportionate, given the Complainant’s clean disciplinary record prior to this. The sum of €15,608, based on financial loss of 65 weeks, was awarded.

Practical Guidance for Employers:
Employers should:

• Provide Clear Documentation: Ensure minutes and summaries from performance review meetings are documented and shared with the employee.
• Follow Fair Procedures: Conduct independent investigations and separate the roles of those investigating from those making disciplinary decisions.
• Address Grievances: If grievances are raised during disciplinary proceedings, ensure they are appropriately addressed and not dismissed.
• Communicate Clearly: Clearly outline the reasons for dismissal, provide supporting evidence, and ensure the employee understands the process.
• Offer Support: If performance issues are raised, give the employee reasonable time and support to improve.
• Union Representation: Ensure the employee has access to fair union representation throughout the process.
• Document Decisions: Maintain transparency by providing written outcomes and allowing the employee to appeal.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/august/adj-00045623.html