Reinstatement Ordered to Clear Complainant’s Good Name

In Alan Kealy v St John of God Community Services Clg ADJ-00036899, the Complainant referred a complaint to the Workplace Relations Commission (the “WRC”) under the Unfair Dismissals Acts, 1977-2015 claiming that he was unfairly dismissed from his role as a caregiver with the Respondent. The Adjudicator, Conor Stokes, found that the Complainant was unfairly dismissed and ordered reinstatement of the Complainant to his role.

Facts: The Respondent’s position was that the Complainant was fairly dismissed after a full and thorough external investigation which upheld allegations made about the Complainant. The allegation was that he grabbed a patient’s foot and pulled him. This resulted in a disciplinary process and the Complainant was dismissed for gross misconduct. His appeal against his dismissal was unsuccessful. The Respondent submitted that it followed the Code of Practice throughout the process.

Continue reading here

Get the latest legal news and updates at Global Law Experts