Posted: April 28th, 2018
The Workplace Relations Commission has ruled that the dismissal of a former human resources manager at a cemetery ‘both substantively and procedurally unfair’ and awarded him €47,500.
The HR manager being paid an annual salary of €51,500 when he was dismissed from his role in October 2016. He had worked at the cemetery since 1996. After being ill during March and April 2016 he went back to work and was told that a number of concerns had come up in connection with his work practices.
Following this he was placed on suspended from his role, with pay, from April to September of that year while an internal review of his actions was completed.
During a disciplinary hearing held by the deputy CEO of the cemetery on September 29, he was told he was being relieved of his position with immediate effect, due to his actions being classified as gross misconduct.
The former HR manager defended himself in the legal action, emphasising that he had a perfect disciplinary record before the ‘concern’ that were used as a basis for his dismissal.
These worries included the deletion of data from a company-owned hard drive, inadequate management of health and safety records and the way in which he dealt with the long-term absence of a colleague.
The mad claimed that he had removed the data from the hard drive due to a valid data request relating to the non-payment of bonuses for a period of two years. The data request in question had been overseen by the deputy CEO.
He also did not agree with the claim suggestion that he had mismanaged the prolonged absence of the other employee, saying that far from exposing the company to litigation or financial harm, he had actually saved the company from this.
Adjudication officer Eugene Hanly found that the criticism of the dismissed man’s actions was valid. However, he found in his favour in that there was insufficient grounds for the dismissal. He ruled that the company must pay the man €47,500 in unfair job dismissal compensation within six weeks of his finding.