The WRC directed a catering company to re-engage a manager whose dismissal it found was not justified by the investigation. The decision was dated 19 April 2017. Re-engagement was to take effect four weeks later, and the company was not liable for his lost pay before then.
The manager was summarily dismissed after a colleague complained about an incident in an elevator. He said the company handled the disciplinary process unfairly. The company argued that the incident amounted to gross misconduct and that it followed proper procedures.
The adjudication officer noted that the manager admitted hugging the colleague and found the evidence pointed to inappropriate conduct. But the investigator did not interview the colleague or relevant staff witnesses, and the manager was not given an opportunity to put his account to her. The direction was for re-engagement in his former position or a reasonably suitable different position; reinstatement to his exact former managerial position was not ordered. The minimum notice complaint did not arise because re-engagement had been directed.