Background:

The Appellant was employed as a Clerical Officer from the 16th November 2020 until 26th January 2021 when her employment was terminated. The Appellant submitted she was not afforded fair procedures or natural justice when dismissed.

The Appellant was successful in securing a role as a Clerical Officer based on the Belmont Road, Ferrybank, Waterford. Her contract of employment stated she may be required to work in any service within the vicinity as the need arises. Prior to starting the role, she was notified she would be assigned to work in offices on the Cork Road, Waterford, on a temporary basis.

The Appellant told the court that she initially agreed to work at the Cork Road offices for a week or two, but informed her employer it was not feasible to continue commuting to that location as the extra two hours of travelling time each day would have an adverse effect on her work-life balance and health. She submitted that despite raising these objections, the temporary assignment continued. She informed the court she felt misled and exploited.

The Respondent told the court that due to circumstances outside of management’s control the Appellant was required to report to the Cork Road offices to cover a critical front desk post. The Respondent submitted that the distance between the two locations is 4km.

At a meeting on 18th January 2021, the Appellant was reminded by the Respondent that she was on probation and advised that her continued refusal to follow a reasonable management request could result in the termination of her employment. At a meeting held on 20th January 2021, the Appellant confirmed she would not work from the Cork Road office. The Respondent informed her had it no option but to terminate her employment for her failure to follow a reasonable management instruction. She was advised of the right to appeal that decision within 7 days. The Appellant did not appeal that decision.

The Court found the Appellant’s contract of employment clearly stated that she will be employed in the South Region and may be required to work in any service within the vicinity as the need arises. In such circumstances, the court found the Appellant refused to follow a reasonable instruction by her employer.

While the Appellant was clearly aware that her employment may be at risk for refusing to carry out a management instruction, the Respondent accepted that the Appellant was not given any advance notice that the initial meeting held on the 20th of January 2021 formed part of a disciplinary process that could result in the termination of her employment.

The court was not satisfied that the Appellant was afforded fair process by the Respondent in the termination of her employment.

Outcome:

The Respondent was ordered to pay the sum of €2,000 compensation.

Practical Guidance for Employers:

The Labour Court has consistently held that an employer is not relieved of the obligation to act fairly where a worker, including a worker who is on probation, is at risk of the loss of his or her job. Employers must follow fair procedures at all times when conducting disciplinary proceedings of an employee.

The full case is here:
https://www.workplacerelations.ie/wrc/en/cases/2023/may/lcr22746.html