The WRC required an employer to reinstate an adviser after finding his dismissal unfair, in a decision dated 23 August 2017. It also found his minimum notice complaint well founded, but made no payment order in light of the reinstatement decision.
The employer said the adviser had allowed a member of the public access to confidential client information, breaking a bond of trust. He argued that the investigation was flawed, the dismissal reason changed, and he had not been given a fair chance to respond or have alternatives considered. The adjudication officer found deficiencies in the dismissal procedure and considered the sanction disproportionate. The officer also found that the informal approach to clients’ use of the computer had been known and accepted.