A recent case highlights what we consistently advocate in Canavan Byrne regarding due process and fair procedures, where issues arise with employees.
A worker was dismissed from a care home due to unsatisfactory garda vetting. The employee had been employed for one month. The employee had at interview confirmed a disclosure. However, when the GV was returned a further disclosure was noted which the employee had not indicated to the employer. The company subsequently dismissed the employee.
The adjudicator in the WRC found that the dismissal was fair given the nature of the work. However the employee was awarded €3000.00. The award was made by the adjudicator as the employer did not follow fair procedures. The WRC adjudicator indicated that the employer had been remiss in not allowing an initial hearing for the employee to state his case and this was a break with the company’s own policies and obligation to utilise fair procedures
Remember, inform your employee, ensure that you allow fair process even where an employee may be on probation.