The Workplace Relations Commission found Brendan Leahy was not unfairly dismissed by Trinity College Dublin, after finding the university had substantial grounds to dismiss him. The decision was dated 6 March 2023.
Leahy, who had been Head of Facilities, argued that the investigation and disciplinary process were unfair and that his dismissal had been predetermined. The university said he was dismissed for gross misconduct after an extensive process.
The adjudicator found a serious flaw in the investigation report, which included comments by managers, but concluded that the comments did not cause the disciplinary decision to be prejudged. He found the decision-maker acted independently and that the university reasonably relied on its findings and Leahy’s failure to provide context or show remorse.
The adjudicator also said that the Circuit Court’s later decision to apply the Probation Act and dismiss the charge did not require the university to disregard Leahy’s guilty plea or the earlier conviction. The complaint under the Unfair Dismissals Act was not well founded.