The Workplace Relations Commission awarded a security operative €10,000 after finding serious failures in the disciplinary process made his dismissal unfair. Adjudication Officer Rosaleen Glackin dated the decision 15 September 2017.
The company said the operative had been found asleep on duty and out of uniform. He challenged the process, including how CCTV footage was handled and the disciplinary consultant’s impartiality.
The adjudicator found the operative had not been warned that his uniform would be raised. The consultant had formed a view about the CCTV before the hearing, exchanged emails with an HR employee involved in the investigation and did not step aside after her impartiality was challenged. The WRC found breaches of fair procedures and natural justice. It set compensation at €10,000, taking account of the operative’s failure to provide evidence of jobseeker benefit or efforts to reduce his loss.