The Workplace Relations Commission has directed B & J Distribution Limited to pay Cathal Rooney €18,000 after finding his dismissal substantively and procedurally unfair. The decision, dated 18 January 2023, said the employer showed no regard for fair procedures and natural justice.
Rooney complained that he was dismissed without notice. The company alleged performance problems, breaches of procedure by Rooney and that he had taken €100 from a customer payment, of which it said €300 was banked from a €400 payment. It said the money was later repaid.
Rooney said there had been no investigation, warning or opportunity to answer the allegations before he was dismissed. The company director confirmed there had been no investigation or disciplinary hearing, and that Rooney had not been warned that his job was at risk.
The WRC found the dismissal procedurally unfair. Because the allegations had not been investigated, the adjudication officer said she could not determine whether dismissal was a reasonable response to Rooney’s conduct. She found the dismissal both substantively and procedurally unfair.
The adjudication officer also found Rooney had not made sufficient effort to reduce his losses by seeking other work, and directed the company to pay €18,000 in redress.