The Workplace Relations Commission awarded a store manager €6,500 after finding his dismissal unfair because of serious procedural failures. Adjudication Officer Eugene Hanly dated the decision 7 June 2018 and found the manager's conduct contributed substantially to his dismissal, a factor reflected in the award.
The restaurant chain said an investigation found the manager had sexually harassed staff and committed gross misconduct. He denied sexual harassment and said he had not been given details of the allegations or a chance to answer them.
The officer found on the balance of probability that the manager's conduct amounted to sexual harassment and that the dismissal was substantively fair. But the chain failed to provide clear allegations and witness statements, share its investigation report, or give him a proper opportunity to defend himself and be represented. The officer found the dismissal procedurally unfair, making it unfair under the Unfair Dismissals Acts. The manager's conduct was taken into account in setting the award.