The Workplace Relations Commission awarded Ana Asavoae €1,368 after finding her dismissal procedurally unfair. It also ordered Comer Property Management Limited,Comer Group Ireland to pay €912 for missing information in her employment terms and awarded her a further week’s gross notice pay of €456. The decision was dated 3 June 2022.
Asavoae challenged her dismissal after a disciplinary process over a security breach. She said the allegation and her appeal rights had not been properly explained, and documents were not provided in her language. The employer said the breach justified dismissal and that it had followed its procedures. It accepted that further notice pay was due.
The adjudicator found that dismissing Asavoae for gross misconduct was within the range of reasonable responses, but that flaws in the disciplinary and appeal process made the dismissal procedurally unfair. The adjudicator also found that Asavoae contributed to the situation and that her lack of remorse was a significant factor in the employer’s decision. She obtained new work four days after her dismissal and remained in full-time employment, mitigating her loss.