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.
Background:
The Complainant was a general operative of the Respondent company from 2 September 2019 until his date of dismissal, 1 July 2021. On 25 June 2021, the Complainant was at a company barbecue with a “work bubble” of colleagues. The Complainant admitted at the time of hearing that he was intoxicated at the event and made racist comments to his colleagues, which was a multi-national group that included a colleague from Jamaica. The Respondent also alleges the Complainant made inappropriate comments about homosexuals. The Complainant says his comments were not meant to cause offense, and his colleagues laughed at the comments he made. He said his Jamaican colleague was not upset or offended and “fist bumped” him at the event. The Complainant said some people are “snowflakes” and get offended by anything.
On 29 June 2021 the Complainant was called to see the Respondent’s Production Manager, who asked the Complainant if “there is anything he should know.” The Complainant said he apologised if he caused any offense by his jokes. On 1 July 2021 the Complainant was called into a meeting, in which he was summarily dismissed. The Complainant alleges he was not provided any procedural fairness in this dismissal, including any consideration of mitigating factors or the opportunity to be accompanied in this meeting. The Respondent did not substantively dispute the procedural unfairness, but advised that in assessing unfairness, an employer can justify a procedural omission if it can prove it acted reasonably in the circumstances. In the alternative, the Respondent said the Complainant’s actions should be considered in any evaluation of compensation.
Outcome:
The Adjudication Officer found that the Complainant’s dismissal was unfair on procedural grounds, and his complaint was well-founded. However, when evaluating compensation, the Adjudication Officer noted that the Complainant found alternative work quickly after being dismissed and that his financial loss was only calculated to be €374.40. In those circumstances, given his own contribution to the dismissal, the Adjudication Officer found it was “just and equitable” to make no award of compensation.
Practical Guidance for Employers:
The Workplace Relations Commission may reduce, or even decline to direct, a payment of compensation where a complaint is technically well-founded but it is not “just and equitable” to provide compensation.
The full case is here:
https://www.workplacerelations.ie/en/cases/2023/september/adj-00034044.html
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