The respondent claimed that four complaints were received about the claimant which ranged from not carrying out her duties to inappropriate and aggressive behaviour. The company undertook an investigation into the allegations made against the claimant. The claimant claimed that she "couldn't understand" why everyone was "conspiring" against her, as she viewed her colleagues as her family.

Following a second investigation it was decided that the evidence left no option but for the claimant to be found guilty of gross misconduct and evidence was then submitted to the HR advisor for disciplinary action. It was subsequently decided that, as a consequence of the gross misconduct and the lack of consistency in the claimant's evidence, the claimant should be dismissed. The claimant was given one week to appeal but failed to do so within this time, although the owner of the respondent company agreed to meet her following this lapse. He considered the facts and upheld the decision to dismiss.

The respondent forced the claimant to sign a confidentiality clause which in effect meant that the claimant was not allowed to discuss the facts with anyone. Further, it meant that the claimant was "left in the dark" as to what was going on.

The tribunal held that in dismissing the employee the employer had failed to utilise fair procedures. It also held that the confidentiality clause "inhibited her from conducting her defence". Consequently the Tribunal awarded the claimant €30,000 by way of compensation.
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