The worker in this case received a final warning for removing pastries intended for a Board meeting and distributing these to members of staff. She had allegedly used foul language whilst doing this and received a final written warning after a complaint from a member of management. She had only received 24 hours’ notice to attend the disciplinary meeting.Â
The Labour Court concluded the procedures followed by the employer in this case were fundamentally flawed to such a degree that no finding of misconduct warranting the imposition of a disciplinary sanction could be sustained. In these circumstances the Court recommended that the warning imposed on the Claimant be expunged.
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