The Importance of Fair Procedure During Disciplinary Processes

Last updated: August 31st, 2023

In a recent unfair dismissal case, the Labour Court tripled the compensation award for the claimant Mr Valery Panasov from €10,000 to €30,000 due to the lack of procedural fairness. The appeal was a joint appeal to the Labour Court by Mr Valery Panasov and Pottle Pig Farm against the Decision of an Adjudication Officer under the Unfair Dismissals Act 1977 – 2015.

 

The claimant was employed since 2009 as a Pig Stockman on the respondent’s pig farm. His duties involved the care, feeding, and general management of pigs and piglets. In 2015, the claimant informed the owner of the farm that he was ill and wouldn’t be present in work. The owner entered the area where the claimant worked and discovered piglets unfed. He argued that this was done deliberately, represented a neglect of duties and was totally “abhorrent to him”.

 

The respondent said from his vast experience with piglets he knew they had not been fed for 20 hours. Furthermore, an inspection in November 2015 revealed empty feeding bins and distressed pigs. Lights were found left on overnight causing a fire hazard and animal welfare implications.

 

The claimant was dismissed for general neglect of the pigs, failure to carry out a legitimate management instruction and one instance of abusive language to the respondent.

 

The claimant stated that prior to his dismissal he had only been in receipt of a verbal warning, however, this was expired at the time of his dismissal. He argued the respondent was annoyed that he had requested payslips.

 

Following the request, he was placed on a reduced working week and when he phoned to query when he would revert to his normal hours he was advised that he was fired.

 

The respondent stated the claimant’s actions “constituted serious gross misconduct, sufficient to warrant the Complainant’s immediate dismissal, and was necessary to protect animal welfare and the economic interests of the Respondent and its other employees.” The respondent argued the Complainant’s contract of employment, which referenced the company’s disciplinary procedures allowed for summary dismissal where a serious instance of gross misconduct had occurred.

 

Procedure Followed

No investigation into the allegations took place. The respondent failed to invite the claimant to an investigation meeting in order for the claimant to provide a response to the allegations.

 

The claimant was never formally invited to participate in a disciplinary procedure or given the right to be represented. The respondent informed the claimant over the phone that he was dismissed.

 

A dismissal letter followed citing the reason for dismissal as neglect, however, no right of appeal was afforded.

 

Labour Court Determination

The Labour Court stated that “the manner in which the decision was made to dismiss the Complainant was devoid of any form of procedural fairness and offended against the principles of natural justice to which he was entitled. No investigation/enquiry was carried out. The Respondent came to a conclusion that the Complainant was guilty of a serious offence without giving him an opportunity to defend himself and/or to respond to the allegations made. He was not allowed any representation and was given no right to appeal. The Complainant was simply told over the phone that his employment was terminated. He was dismissed in a most insensitive manner.”

 

The Court cited a decision by the Employment Appeals Tribunal in the case of Gearon v Dunnes Stores:

The right to defend herself and have her arguments and submissions listened to and evaluated by the respondent in relation to the threat to her employment is a right of the claimant and is not the gift of the respondent or the Tribunal….As the right is a fundamental one under natural and constitutional justice; it is not open to this Tribunal to forgive its breach”.

 

The Court went onto to confirm the dismissal was an unfair dismissal and increased the award from €10,000 to €30,000.

 

Learning Points

  • When faced with allegations of misconduct, it is important to conduct an investigation in line with the company’s disciplinary procedure
  • The respondent should be provided with the opportunity to respond to the allegations
  • Prior to issuing a formal outcome, the respondent should be formally invited to a disciplinary hearing and given the right to be represented by either a fellow employee or union official
  • The right of appeal should be afforded
  • Fair procedure and the rights of natural justice should be adhered to throughout the process

 

If you have any queries regarding disciplinary procedures please contact the advice line on 01 886 0350

Book a call with a consultant

Complete the form below and a consultant will call you as soon as possible.

Book a call with a consultant

Complete the form below and a consultant will call you as soon as possible.

Latest Resources

Employer’s guide to lay-off in Ireland

lay-off in Ireland
It’s common for businesses facing a downturn in trade to let employees go on a temporary basis. As an employer, you may also need to […]

Long-term sickness absence: When to conduct an informal welfare meeting

Everyone gets sick, so short-term sickness absence is something all employers will have to deal with from time to time and tends to cause minimal […]

Notice periods: an employer’s guide

Notice periods: an employer’s guide
Notice Period: Within a business, it’s constantly necessary to re-evaluate and adjust workforce planning. Whether this is due to employees looking for different career paths […]

Olga Shevchenko

Director/Advocate, Immigration Advice Bureau

Olga Shevchenko specialises in immigration advocacy and consultancy, in particular, employment permit, visas, family reunification, citizenship, etc, for those seeking to visit, reside or invest in Ireland.

Olga provides extensive information, knowledge, and support to her clients, enabling access to positive solutions for people struggling to handle the immigration law.

Minister Neale Richmond

Minister of State, Department of Enterprise, Trade and Employment

Neale Richmond TD was appointed as Minister of State at the Department of Enterprise, Trade and Employment with special responsibility for Employment Affairs and Retail Business and the Department of Social Protection in January 2023.

Much of his work at the Department of Enterprise, Trade and Employment is with businesses, workers, their representative bodies and the State Agencies to ensure that the economic recovery and growth extends to all parts of the country. He works closely with the SME sector, including retail, on building resilience and on the transition to the green and digital economies.

Mark Carpenter

Director of Regulatory & Corporate Affairs, Sky

Mark Carpenter is Director of Regulatory & Corporate Affairs at Sky Ireland. In this role he has responsibility for External and Internal Communications, Public Policy and Regulatory Affairs and the company’s ‘Bigger Picture’ (CSR) programme. He also works closely with Sky Group teams on a variety of matters, in particular our partnerships with domestic broadcasters.

Prior to working at Sky, Mark worked as a Policy Officer in Houses of the Oireachtas and as a Management Consultant at Accenture. He has a BA in History from Oxford University and a PhD in Political Science from Trinity College Dublin.

Nora Cashe

Litigation and Compliance Manager, Peninsula

Nóra studied Law in Griffith College Dublin and qualified as a Barrister in 2008, practising in the area of Criminal law. She is also member of the Irish Employment Law Association.

Nora has extensive experience representing clients at Employment Tribunal hearings, Conciliation / Mediation meetings before both the Workplace Relations Commission and the Labour Court. 

Nóra is a member of the Irish Employment Law Association and engages with the WRC Adjudication Service as part of their stakeholder engagement forum.

Deiric McCann

Managing Director, Genos International Europe

Deiric McCann leads Genos International Europe – The EU division of a world-leading provider of emotional intelligence solutions. 

With over two decades experience at the highest levels of management, Deiric supports clients to develop the resilience, emotional intelligence, psychological safety and engagements of their employees.

Rhiannon Coyne

Senior HR Consultant, Graphite HRM

Rhiannon Coyne is a Senior HR Consultant at Graphite HRM and will be providing an overview of best practice on how to deal with complaints of bullying and harassment in the workplace. 

With a number of recent updates to employment laws, Rhiannon will take a closer look at employment equality and how it is interlinked to Health & Safety and what employers can learn from recent case laws.

David Begg

Chairman, Workplace Relations Commission

David Begg was appointed Chairperson of the Workplace Relations Commission (WRC) in January 2021.

David is also a professor at Maynooth University Institute of Social Sciences. Mr Begg’s extensive history in the trade union movement included leading the ESB Officers Association and Irish Congress of Trade Unions, stepping away from the latter in 2001 to chair international aid agency Concern.

David Begg was also previously a director of the Central Bank of Ireland between 1995 and 2010.