This month, we have selected three cases from the Workplace Relations Commission (WRC) which demonstrate the importance of robust policies, fair procedures, and handling the dismissal process with care.
Check out the latest headlines below.
Employee put on PIP after complaining that wages weren't paid on time
Summary: An employee has won €67,500 for constructive dismissal after they were placed on a performance improvement plan (PIP) for making a complaint against their employer.
The employee, who worked for a multinational company, complained that his employer had repeatedly failed to pay him on time and that he had experienced financial difficulties as a result. The employee was then placed on a PIP, despite being successful in his role and having no previous complaints made about his performance. The employee resigned and filed a complaint under the Unfair Dismissals Act 1977.
Key Takeaways: There are two key takeaways from this story. Firstly, failing to pay an employee on time is likely to result in a breach of their employment contract. Employers should ensure that payroll systems are set up to pay employees the correct amount, within the time period set out in the terms of their employment.
Secondly, employees should not be penalised or disciplined for raising legitimate concerns or making a complaint against their employer. Your employee handbook should set out compliant procedures to be followed by both the employer and the employee when a complaint is raised. Failure to do so may result in legal and reputational damage.
Employee awarded €40,000 after refusing drug test
Summary: An employee in the care sector was awarded €40,000 for constructive dismissal and unlawful wage deductions after he refused to provide a hair sample for drug testing.
The employee, who had no performance issues on record, was asked to take a drug test after the company Director raised concerns that he was suffering from depression, drug addiction, or malnutrition. Despite assuring the Director that a GP had declared him fit to work, the employee was asked to undergo medical examinations and drug screening. He agreed to undergo blood and urine tests but refused to do hair follicle testing, as he felt this was excessive. The Director then barred the employee from returning to work and stopped his pay.
During the WRC case, the employer argued that they had taken action to ensure that the employee was fit to care for vulnerable children. The WRC adjudicator, however, noted multiple faults in the disciplinary process and found that the employee had been unfairly dismissed.
Key Takeaways: This case demonstrates the importance of having clear HR policies in place and following these policies carefully when a workplace issue arises.
If an employer is required to conduct workplace drug testing, it is crucial that an clear, documented policy is laid out in all employment contracts and in the employee handbook. Once a procedure has been established, the employer should follow each step of the process carefully and ensure that they have reasonable justification for escalating any issues that may arise.
Construction worker fired after workplace accident
Summary: A construction worker has been awarded €2,650 after he discovered through the Revenue website that he had been dismissed.
After suffering a workplace accident, which his employer allegedly failed to report, the employee suffered extreme pain for many months. After seeking medical advice, the employee produced a medical note. This note was immediately dismissed by his employer, who said "What is that for? Stop sending me rubbish". The employee then asked his employer to support his illness-benefit claim, but the company did not engage.
After logging into the Revenue website, the construction worker then discovered that his employment had been terminated without any prior notice. The WRC adjudicator found that the employer had not gone through a disciplinary process or engaged in fair procedures and had therefore breached the Unfair Dismissals Act 1997.
Key Takeaways: Even if an employee is out of work on long-term sick leave, employers are always obligated to comply with Irish employment legislation. Dismissing an employee is a delicate process, and it's crucial that the procedures followed are clear, consistent, and compliant.
This case also demonstrates the importance of managing workplace accidents in a compliant manner. Where required, employers should report workplace accidents to the appropriate body and have a policy in place regarding the management of long-term leave. Failure to follow the correct procedures can result in legal, financial, and reputational damage to your business.
