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WRC orders worker's written warning expunged after flawed disciplinary process

By Aoife Loughran

Workplace Relations Commission ·

The WRC found flaws in the disciplinary process and said a worker's first written warning should be expunged from his file. The decision is dated 3 August 2016. The worker argued the investigation was poorly conducted and the sanction too severe. The employer said he had representation, documents, an opportunity to respond and a right of appeal. The adjudication officer found the investigation letter did not warn that disciplinary action might follow. A senior manager who should have been interviewed later conducted the hearing and imposed the warning, creating a conflict between witness and judge roles. The officer also found the worker was responsible for ensuring employees received appropriate employment contracts.

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