This case concerns an appeal of the Adjudication Officer's recommendation. The complainant claimed there had been a breach of fair procedure in the company’s application of disciplinary/dismissal procedures.

The complainant commenced employment with the Respondent company in 2012. In 2014 he submitted a grievance to management regarding issues he was having with his line manager. He was unhappy with the outcome of the investigation but did not pursue it further at that time. Further issues followed in relation to his beard, which involved the manager sending him home as it was not considered to be neat and tidy and in line with company policy.

The complaint was not paid on these occasions. His mother then wrote to the Respondent expressing her concerns regarding how her son was being treated and subsequent to this a number of meetings were held. A report was then issued by the respondent company on the 1st of July 2016 which was appealed by the complainant. He was unhappy with the outcome of the appeal and requested that his case be referred to the WRC.

It was held that the first grievance had been investigated by the Respondent, and the manager, who had since terminated employment, was spoken to about his management style. There then followed a number of grievances including those relating to his beard and the company’s holiday policy. Each grievance was investigated in line with the grievance procedure.

The complainant appealed the outcome and his letter of appeal stated that it was his view that he was suspended. The appeal outcome held that at no stage was he suspended, repeated that beard nets should be available, that there were no witnesses to any improper treatment by management and that his holidays were assigned in accordance with the policy.

The Respondent had been actively seeking to engage with the worker to facilitate a normal return to work and had made repeated attempts to meet with him. The Court upheld the  recommendation of the AO and recommended the complainant actively engage with the employer in relation to his return to work. The Court also held that the company should pay the complainant the sum of €2,500 compensation in recognition of the fact that the “beard” issue could have been handled in a timelier fashion.
 https://www.workplacerelations.ie/en/Cases/2018/November/LCR21838.html