The WRC recommended that a social care assistant’s disciplinary findings be removed from her personnel record and that her employer pay her €7,500 for distress caused by a flawed process. The recommendation was dated 28 June 2017.
The worker had challenged a warning and transfer from her work base after an investigation into complaints about her conduct. The employer said workplace relationships had broken down and a return could affect staff and service users.
The adjudication officer found the worker had been suspended before receiving documented allegations or a chance to respond. The investigator had not interviewed her witnesses, the employer’s code did not warn that a breach could lead to discipline, and mediation had not been explored. The officer also found the worker’s defence was not properly considered and the sanction was disproportionate.
The WRC recommended mediation to help facilitate her return to her former work location, as well as removal of the investigation findings from her records and an ex gratia payment of €7,500.