Summary Sentence:
The Complainant succeeds in a case for unfair dismissal and unlawful wage deduction, receiving €4,000 in compensation after the company failed to follow fair procedures.

Background:
The Complainant, a regional engineer based in Cork, worked extensive hours on emergency breakdown services across Ireland. He repeatedly clashed with management over the inadequate specifications of his company van, which lacked air conditioning, causing him heat stress. Despite raising a formal complaint in November 2022, no action was taken. He was instructed to collect a new van in November the same week, but it did not meet health and safety standards.

In November 2022, the Complainant took sick leave due to stress and headaches caused by the excessive workload and lack of recognition. He missed an investigation meeting the following week, due to his sick leave. Upon returning in early December 2022, the Complainant attended an investigation meeting where altered job reports and unrelated photos were presented as evidence of poor performance. His request for amendments to the meeting minutes was denied. The Complainant was summoned to a disciplinary meeting in January 2023, without specific details or union representation, breaching company policies and was dismissed two weeks later without notice or pay. An appeal did not result in any changes. He further complained that in February 2023, a deduction of €1,471 was made from his wages for "damage to work van". The Complainant contended that the van damage was normal wear and tear and believed the dismissal process was retaliatory for his complaints.

Outcome:
The Adjudication Officer found the Complainant, employed since January 2020, faced no disciplinary issues until events in November 2022 led to his dismissal. His company vehicle was withdrawn without notice, prompting his complaints. Following a series of meetings while he was on sick leave, the Complainant faced allegations of performance issues and unauthorised van use. Despite giving plausible responses, no conclusive investigation report was provided. In January 2023, the Complainant was invited to a disciplinary hearing with inadequate notice and no representation, resulting in his dismissal for "gross misconduct" due to unauthorised van use, despite prior permission for limited personal use.

It was held the dismissal process lacked fairness, including procedural flaws, inadequate notice, and absence of investigation outcomes. The appeal process also failed to address these issues adequately. The dismissal, deemed unfair due to the procedural and substantive deficiencies, was overturned, and the complainant was awarded four weeks’ pay amounting to €4,000. Further, the Payment of Wages Act 1991 mandates that deductions must be authorised by contract terms and the employee's prior consent, neither of which were met. Therefore, the deduction of €1,471 was unlawful.

Practical Guidance for Employers:
Employers should ensure fair and transparent disciplinary processes, providing adequate notice and representation for employees. Conduct thorough investigations incorporate documented outcomes and follow established procedures. Unauthorised wage deductions, like the €1,471 in this case, are unlawful without explicit consent and a contractual basis.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/may/adj-00045471.html