The Labour Court found Albert Fordjour’s dismissal unfair and directed his re-engagement in a suitable role one grade below his former Unit Manager position. In a determination dated 14 December 2017, the Court set out the terms of that re-engagement after appeals by both Fordjour and Select Service Partner, Ireland T/A SSP Ireland.
The Court found the employer’s investigation was flawed because it did not interview the employee who complained or witnesses Fordjour had proposed. This left a central part of his defence untested, and the Court found he had not received fair procedures. It also found that Fordjour had put an arm around a junior employee and pulled her towards him for an uninvited hug, describing the conduct as unacceptable and an abuse of authority.
The Court considered Fordjour’s contribution to his dismissal when choosing the remedy. He was to return to work at Dublin Airport from 8 January 2018 in a role with pay and conditions for the lower grade. The intervening period, from his dismissal on 23 May 2016, was to count as unpaid suspension, with his service treated as continuous. The Court also imposed a final written warning for two years from his return date.