General operative, who withdrew his appeal to his employer against his dismissal for gross misconduct, is awarded €18000 for unfair dismissal due to procedural defects in the investigation process.
General operative-felt unwell-went home-dismissed for gross misconduct-refused to answer questions in investigation-claimant contacted union representative-appealed decision to dismiss-withdrew appeal on union representative advice-claimed for unfair dismissal-investigation carried out by employer-did not inform claimant-did not give opportunity to partake in investigation-employer failed to tell claimant of his right to representation-investigator also acted as disciplinarian-procedural defects in process-sufficiently flawed and invalid-withdrawal of appeal on advice of union official reasonable-€18,000 for unfair dismissal-€800 awarded under Minimum Notice and Terms of Employment Acts.
Decision published 8th November, 2012
For claimant: Grainne Duggan BL instructed by Anderson & Gallagher solicitors
For respondent: Noel O’Hanrahan, O’Hanrahan Lally solicitors