The Workplace Relations Commission found Alan Kealy was unfairly dismissed by St John Of God Community Services Clg and ordered his reinstatement, with back pay due and no break in his pension entitlements or professional accreditation. The decision was dated 20 March 2024.
The organisation said an investigation upheld allegations that Kealy physically abused a patient, and that dismissal followed a disciplinary process and appeal. Kealy argued the investigation was inadequate and that he was denied the chance to question key witnesses.
The adjudication officer found the disciplinary process treated the matter as grounds for automatic dismissal, though the investigation report placed it within a progressive disciplinary procedure. Not all available witnesses were interviewed, Kealy could not cross-examine key witnesses, and the disciplinary and appeal stages did not properly consider the investigation’s conclusions.
The officer found the organisation lacked reasonable grounds for its belief and that dismissal was disproportionate, particularly because it affected Kealy’s ability to work in his field after 15 years’ experience. Reinstatement means restoring him to his former position from the date of dismissal; he is also to receive any back pay due, with his pension entitlements and professional accreditation treated as continuous.