The Workplace Relations Commission found Agatha Boland was unfairly dismissed by Keanes Garden Centre Keanes Garden Centre and ordered it to pay her €6,300. The decision was dated 26 May 2022.
Boland had worked at the garden centre since February 2018. The respondent said her dismissal followed conduct and performance concerns, including an incident in which she used abusive language and made an obscene gesture towards the owner. Boland accepted her behaviour was inappropriate, but argued that the dismissal was disproportionate and that the investigation, disciplinary process and appeal were unfair.
The adjudicator found deficiencies in fairness and objectivity, including the owner’s involvement in the investigation, dismissal and appeal, and the absence of an appeal decision. The decision found the disciplinary sanction was disproportionate and the dismissal unfair. It also found Boland contributed to her dismissal, reducing the €7,000 compensation figure by 10% to €6,300.
Under the Unfair Dismissals Acts, compensation can take account of losses and the employee’s contribution to the dismissal. The WRC said reinstatement or re-engagement was not practical in this case, so it ordered compensation instead.