The WRC found that a warehouse operative’s dismissal was not unfair after the employer established that he had worked at a garage while on certified sick leave. The decision, dated 3 May 2018, concerned a complaint against sales and distribution.
The worker denied working at the garage and challenged the investigation and disciplinary process. Sales and distribution said it relied on photographs, witness evidence and his explanations about being there. The adjudicator found that the employer’s HR manager had observed him working at the garage on 21 June 2016 and taken five photographs. The worker first said he had been checking tyres for his car, then said he had helped lift tyres for exercise and relaxation.
The adjudicator found that the investigation established a case for disciplinary action and followed fair procedures. The worker received the investigation report, could be represented and submitted six grounds of defence, which the disciplinary manager considered. The adjudicator also found that the disciplinary and appeal processes followed the employer’s procedures, and that dismissal for gross misconduct was a decision a reasonable employer might make. The unfair-dismissal complaint was not well founded.