Case Number: ADJ-00000082. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000082
Date08 August 2016
PartiesA Employee v A Employer

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and/or Section 8 of the Unfair Dismissals Act 1977, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

- I was dismissed for no good reason in blatant violation to my right to fair procedures and natural justice.

On 26 May 2015, my employer terminated my employment without notice or payment in lieu of notice.

The complainant had 18 years service with the company. He was dismissed for gross misconduct without any disciplinary hearing taking place. He was not provided with all relevant documentation during the investigation. The complainant provided explanations in relation to the matters raised by the employer. The person who conducted the investigation was the same person who dismissed the complainant. The complainant was required to attend an appeal hearing without having been furnished with all the relevant documentation which the respondent sought to rely on in making his decision. The appeal hearing itself was merely a rubber-stamping exercise.

Respondent’s Submission and Presentation:

Major discrepancies were discovered in the paperwork in the branch office where the complainant was employed as Senior Administrative Officer. There were also apparent cash misappropriations and as a result the Depot Manager was dismissed and some months later the complainant was suspended pending the finalisation of the investigation.

The complainant was invited to an investigatory meeting and was advised that he would be asked to explain sample irregularities previously furnished to him. Following this meeting and after due deliberation it was considered that the complainant’s answers were not satisfactory regarding the irregularities. His employment was terminated as it was decided that he was involved, both directly and indirectly, in facilitating certain transactions which amounted to gross misconduct. The complainant appealed this decision and following a hearing the decision to dismiss was upheld.


Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Issues for Decision:

Whether the respondent in deciding to dismiss the complainant acted fairly and reasonably in accordance with the provisions of the Unfair Dismissals Act 1977.

Whether the complainant was due payment in lieu of notice and whether the respondent in failing to pay same has acted contrary to the provisions of the Payment of Wages Act 1991.

Legislation involved and requirements of legislation:

Section 6(1) of the Unfair Dismissals Act 1977 states:

Subject to the provisions of this section, the dismissal of an employee shall be deemed, for the purposes of this Act, to be an unfair dismissal unless, having regard to all the circumstances, there were substantial grounds justifying the dismissal.

Section 6(4)(b) of the Act states:

Without prejudice to the generality of subsection (1) of this section, the dismissal of an employee shall be deemed, for the purpose of this Act, not to be an unfair dismissal, if it results wholly or mainly from one of the following:

(b) the conduct of the employee

Section 6(7) of the Act states:

Without prejudice to the generality of subsection(1) of this section, in determining if a dismissal is an unfair dismissal, regard may be had, if the adjudication officer or the Labour Court, as the case may be, considers it appropriate to do so –

  1. the reasonableness or otherwise of the conduct (whether by act or omission) of the employer in relation to the dismissal….

Section 5 (6) of the Payment of Wages Act 1991 states:

Where –

  1. the total amount of wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions...

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