WRC recommends €3,000 for worker denied chance to challenge disciplinary evidence

A WRC adjudicator recommended €3,000 compensation for a general operative who was not allowed to see or challenge CCTV footage and witness statements used against him in a disciplinary process. The recommendation was dated 4 May 2023. The worker said a company wrongly treated his complaint about a manager as malicious and gave him a final written warning. The company said an external investigation found the complaint was malicious and the warning was warranted. The adjudicator found the company could investigate the complaint and rely on the external investigator’s report. But the worker should have been given the chance to see and contest the CCTV footage and witness statements. The adjudicator also found that he had expressed an intention to appeal the warning, despite disagreement over whether his appeal was received on time. The warning had expired by the hearing, so the adjudicator recommended €3,000 compensation and that the parties explore using an external mediator.