In a recent case before the Workplace Relations Commission, the Adjudicator was extremely critical of the lack of procedure afforded by the employer to the employee in respect of a dismissal for gross misconduct. He stated
“….This represents such a catalogue of consistent breaches of the complainant’s rights it provides a case study in how not to conduct a disciplinary process. It is hard to find any example within it where the respondent applied fair procedure, apart from not summarily dismissing him without any hearing”
Her further stated “….The complainant was the victim of an unfair dismissal of an extremely serious nature and at the outer limits of the spectrum of gravity.”
The case is worth reading especially by employers as it highlights how not to conduct an investigation under a discipinary procedure or the discipinary process itself.
A copy of the decision can be found here.