Unfair Dismissal, Disciplinary Procedures, Employment Contract

The Complainant alleged unfair dismissal after attending a job interview and work trial while employed by the Respondent. She had applied for a job in a medical practice, attended an interview during her lunch break, and was offered a two-day work trial. She had sought and received permission from her manager to attend trial dates. Upon returning to work, her manager accused her of breaching her contract and dismissed her on the spot without notice. The Complainant maintained that she had acted transparently, sought approval for her absence, and had not breached her contract, emphasising her loyalty over 15 years of employment. She argued that the dismissal had been hasty and unfair, with no evidence of gross misconduct or competitive harm. Despite an apology from the Respondent, the Complainant highlighted the lack of dialogue and the breakdown of trust following the dismissal. The Complainant remained unemployed, having submitted numerous job applications, and sought compensation for 22 weeks of lost earnings due to what she viewed as an unwarranted dismissal.

The Adjudicator found the Respondent dismissed the Complainant following a meeting without conducting an investigation or adhering to fair disciplinary procedures, as required under the Unfair Dismissals Act, 1977. The dismissal was based on the Respondent’s claim that the Complainant breached the employment contract's "Loyalty" clause. However, the Adjudicator determined that there was no evidence of gross misconduct or a breach of contract by the Complainant. It was further found that the Respondent failed to provide the Complainant with a fair opportunity to respond to the allegations or to appeal the dismissal. While the Complainant did not appeal the decision and made limited efforts to mitigate her financial losses, these factors did not outweigh the procedural deficiencies in the Respondent’s actions. Considering the financial loss incurred by the Complainant and prospective losses of rights, the Adjudicator awarded compensation of €13,500. This amount reflects the unfair dismissal, the lack of fair process, and the Complainant’s failure to appeal or mitigate losses fully.

Employers should:

1. Adhere to Disciplinary Procedures: Employers must follow fair and transparent disciplinary processes, including investigation and hearings, before dismissing an employee.
2. Define and Communicate Contractual Obligations: Clearly outline clauses such as "Loyalty" and discuss their application with employees.
3. Evaluate Alternatives Before Dismissal: Consider alternative solutions, such as dialogue or adjustments to working arrangements, before opting for dismissal.
4. Provide Opportunities for Appeal: Always allow employees the right to appeal dismissal decisions. An appeal process can address procedural deficiencies and potentially resolve disputes, demonstrating a commitment to fairness and employee rights
   
   The full case can be found here:
   https://www.workplacerelations.ie/en/cases/2024/december/adj-00052761.html