Seconded Employee Succeeds in Unfair Dismissal Claim Due to Failure in Investigation of Complaints

In the recent decision of Krzysztof Machinkowski v Spectrum Telecom Installations Limited (ADJ-00052842), the Workplace Relations Commission (“WRC”) found that the Complainant was unfairly dismissed from the Respondent’s client placement due to the failure of either the Respondent or the client to carry out a proper investigation. The Complainant was on a final written warning at the time and some form of procedure was followed but no witnesses were interviewed in relation to the investigation into the allegation. The Adjudicator also criticised the Respondent for not making sufficient efforts to find an alternative role for the Complainant when its client refused to allow the Complainant work for them.

Facts: The Complainant commenced work as a Lead Rigger Engineer with the Respondent company in August 2020. The Complainant was seconded to Company B following a downturn in the business of the Respondent in late 2023, however he remained an employee of the Respondent.

In December 2023 following complaints and an investigation in relation to the Complainants’ driving, he was issued with a Final Written Warning but was not dismissed. The Respondent also received a number of complaints in December 2023 in relation to his work with Company B, however he continued to work for Company B in January 2024.

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