Investigation “Flawless” but Appeal Process and Lack of Medical Assessment Leads to Unfair Dismissal Finding

A Verger v A place of worship/heritage site ADJ-00027984 concerned an unfair dismissal case before the Workplace Relations Commission (“WRC”) under the Unfair Dismissals Acts 1977 to 2015 (the “Acts”).

Facts: The Complainant was employed by the Respondent, a place of worship and a heritage site, in a variety of roles from 1^st June 2013 to 18^th December 2019. When his employment was terminated by the Respondent, he held the position of Verger. The Respondent submitted to the WRC that the Complainant was dismissed for gross misconduct and misconduct for attending work 45 minutes late, failing to report his lateness in line with the Respondent’s absence reporting procedure, and attending work under the influence of alcohol. He was already on a Final Written Warning at the time. The decision contains a detailed chronology of events, including prior incidents in respect of which the Respondent told the WRC it exercised “considerable forbearance”.

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