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'Almost unprecedented' decision to sack civil servant was unfair, WRC finds

Summary

The Workplace Relations Commission (WRC) ruled that the dismissal of an unnamed civil servant was unfair, a decision described as an appeal-stage adjudication. The appellant, a full-time Executive Officer with 12 years' service, was dismissed by the Secretary-General of a government department in August 2019 for serious misconduct. This decision overturned a recommendation by the Disciplinary Appeals Board (DAB) to demote the man to Clerical Officer. WRC Adjudication Officer Michael McEntee found that the Secretary-General's intervention breached natural justice, as the appellant was not given an opportunity to further state his case before the ultimate penalty was imposed. The officer awarded the appellant €40,000 in compensation, noting that the structural issue of a single senior officer overturning a DAB finding was at fault. The ruling absolved the Secretary-General of personal blame, stating the decision was made without external pressure, but concluded that the process failed to meet the highest standards of natural justice required for such a grave action. The appellant had previously alleged bullying and disproportionate penalty, while the department maintained the dismissal was necessary due to serious performance flaws.

Who, what, where, when and why

What: Report matter: 'Almost unprecedented' decision to sack civil servant was unfair, WRC finds. Procedural stage: appeal

When:

• September 2006 Other
• December 2017 Other
• November 27, 2018 Other
• March 2019 Other
• June 2019 Other
• August 2019 Other
• 2022-06-02 Publication

Case subjects

Topics

Stage Appeal

Read the original CNI report