
The Bar of Ireland
Orchard Way, Killarney V93Y9W9.
DX: 51010 Killarney
Tel: (087) 4361270
Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service. He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.
Background:
The Respondent stated the Complainant faced allegations of bullying and harassment from colleagues, Mr. A. and Mr. B, who reported derogatory treatment and workplace issues. An expanded investigation included additional claims of derogatory comments about female colleagues. The investigation confirmed the complaints, resulting in findings of policy breaches. Separately, a data breach investigation revealed the Complainant had sent confidential company data to his personal email, prompting an inquiry. The breach, which included sensitive production and safety information, was deemed a significant security risk. Following a disciplinary hearing on 13 September 2022, the Complainant was summarily dismissed for gross misconduct. He appealed, citing a previously unblemished record, but the decision was upheld after review by the Appeals Committee. The Respondent argued the dismissal met requirements under the Unfair Dismissals Act 1977, as the misconduct, including mistreatment of colleagues and data mishandling, justified termination. The Respondent maintained fair procedures were followed, providing the Complainant opportunities to address allegations. They also upheld the discretionary sick pay policy, denying pay during the disciplinary process, and found no valid medical opposition to their assessment of his fitness to work.
The Complainant worked as a Brewery Operator for the Respondent from October 2005 until his dismissal in October 2022. The Complainant described his workplace as a “man’s world” with frequent banter and harsh language, but he struggled to train new colleagues, particularly Mr. A. and Mr. B, who were slow to adapt. The toxic environment and insufficient support led him to request a transfer or a pay reduction to switch roles, both of which management refused. Later, he was informed of bullying allegations against him by Mr. A. and Mr. B, leading to his suspension without immediate access to the complaints. During the investigation, the Complainant contended that his actions were part of normal banter. He was also investigated for sharing confidential company data, which he disputed as a data breach. The Complainant argued his dismissal lacked fair procedure, referencing case law that emphasises natural justice and procedural rights, including cross-examination. He asserted that management mishandled prior conflicts, altering investigation terms without agreement. Additionally, he claimed unpaid sick pay and insufficient notice under relevant legislation, arguing that his dismissal was unjust, arbitrary, and disproportionate.
Finding:
The Adjudicating Officer found that the Complainant was unfairly dismissed under Section 6(7) of the Unfair Dismissals Act 1977. The investigation process conducted by the Respondent failed to meet the procedural requirements of its own Dignity at Work Policy. While the Complainant exhibited unacceptable conduct warranting a serious disciplinary action, the investigation limited the scope to fact-finding rather than fully assessing breaches of policy, leading to an unreasonable conclusion of dismissal. Further, in the investigation regarding data breaches, it was found that while the Complainant shared confidential documents with himself, no intent to misuse them was proven, and management’s prior similar practices were ignored.
As for redress, considering the Complainant’s misconduct contributed to the dismissal by 70%, the Adjudicator awarded €18,000 in compensation. The claim under the Payment of Wages Act 1991 regarding unpaid sick pay was dismissed, as the Respondent’s discretion to withhold payment during disciplinary proceedings was contractually allowed. Finally, under the Minimum Notice and Terms of Employment Act 1973, the Adjudicator awarded the Complainant €11,048, equivalent to eight weeks’ notice pay, recognising the unfair dismissal and entitlement to notice.
Practical Guidance for Employers:
Employers should:
- Ensure Policy Compliance: Always follow internal policies and procedures, especially for investigations under the Dignity at Work Policy.
- Conduct Thorough Investigations: Investigations should cover all aspects, including workplace culture, to assess whether behaviour genuinely constitutes bullying or harassment.
- Document All Steps and Decisions: Keep thorough records of the investigation process and ensure transparency with the employee involved.
- Seek Intent in Data Breach Cases: Investigate not only the act of a data breach but the intent and past practices to gauge the severity and fairness of disciplinary action.
- Clarify Disciplinary and Procedural Rights: Clearly communicate procedural rights, allowing full response opportunities and access to documentation for the accused.
The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/october/adj-00043446.html
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