The Complainant was employed as a Funds Solicitor with the Respondent from the 28th of May 2018 until his dismissal on the 17th of March 2020.

The Complainant had received a number of negative comments and conduct from some colleagues at the end of 2018 and raised the matter with his manager.  An investigation was undertaken but the Complainant was not happy with the outcome and indicated that the conduct continued, and he also experienced a reduction in the amount of work he was allocated.

In October 2019 the Complainant was advised that he should consider resigning.  On the 15th of November 2019, the Complainant was allocated with a termination letter and was advised that this was a final decision. The Complainant was given two months’ notice, and this was extended by a further two months.  It was the Complainant’s view that he was unfairly dismissed as no fair procedures were followed.

It was submitted on behalf of the Respondent that the Complainant’s relationship with some of his former colleagues had broken down and were beyond repair. The Respondent accepted that no procedure applied, and the Respondent decided not to provide any evidence to defend the complaint of unfair dismissal.

The Complainant indicated on his complaint form that his preferred options would be re-instatement, re-engagement and compensation.  The Complainant submitted that there was no finding of misconduct against him and cited the positive performance review that were given to him.

The Respondent accepted that the Complainant was entitled to a remedy, however, they strongly objected to re-instatement or re-engagement. The Adjudication Officer formed the view that the re-instatement or the re-engagement of the Complainant was not a pragmatic option.  It was the Adjudication Officer’s view that the appropriate form of redress, and one which will do justice to both parties, was compensation.  Accordingly, the respondent decided to award the complainant the sum of €17,150 in compensation.

Guidance for Employers

The importance of fair procedures is highlighted in this case.  There will be times that personality clashes or relationship issues arise in the workplace than can lead to a termination of employment.  It is often recommended that mediation is attempted in such circumstances to help resolve any conflict giving rise to the relationship issues.  This case also highlights the consideration by an Adjudicator of the options following a successful unfair dismissal claim including reinstatement.
https://www.workplacerelations.ie/en/cases/2022/february/adj-00030610.html