Woman who attempted to steal from colleagues wins unfair dismissal case!

[Brendan Burgess]

Rehab told to pay €2,500 to worker for unfair dismissal

Rehab has been ordered to pay €2,500 compensation to a former employee with an intellectual disability who was dismissed after she was found trying to steal money from colleagues at work.

www.rte.ie

Rehab has been ordered to pay €2,500 compensation to a former employee with an intellectual disability who was dismissed after she was found trying to steal money from colleagues at work.

The Workplace Relations Commission ruled that the woman was unfairly dismissed from her role with Rehab Enterprises on a technicality, although it acknowledged that theft was normally an action that would give rise to a dismissal.

 

[T McGibney]

I can't make head nor tail of this part of the report unless an RTE journalist can't distinguish 'comprised' from 'compromised'?

The WRC said the process prima facie used by Rehab to dismiss the complainant was fair.

However, Mr Dalton said the failure of the actual decision makers to give evidence that their decision was fair comprised Rehab's case.

"This means technically the decision to dismiss is unfair," he added.

 

[Brendan Burgess]

I presume that they do mean compromise.

 

[Marsupial]

Here's the case: https://www.workplacerelations.ie/en/cases/2024/july/adj-00049146.html

Verdict: "Theft breaches the trust and confidence required from both parties. The absence of the decision makers in this case to attend, must lead to a determination that the decision to dismiss was technically unfair as the onus is placed on the Employer to show that the decision was fair.

 

[ArthurMcB]

I notice spelling and other mistakes all of the time when reading rte articles. Cannot fathom how our national broadcaster does not have better standards.

 

[Salvadore]

I notice spelling and other mistakes all of the time when reading rte articles. Cannot fathom how our national broadcaster does not have better standards.

It’s just not the same since Tubridy left ……

 

[mathepac]

Standards at RTE, for anything?

 

[Fortune]

I notice spelling and other mistakes all of the time when reading rte articles. Cannot fathom how our national broadcaster does not have better standards.

Same standards as the Times, Indo and Journal.

 

[Fortune]

It’s just not the same since Tubridy left ……

Yeah, the Late Late is watchable.

 

[Purple]

Yeah, the Late Late is watchable.

I haven’t watched it since Gaybo left.

 

[joer]

I haven’t watched it since Gaybo left.

And you haven't missed anything in that time....

 

[Green]

I notice spelling and other mistakes all of the time when reading rte articles. Cannot fathom how our national broadcaster does not have better standards.

I've noticed that too but there is so much more content on their website which means less time for checking plus certain things they have on the website I wouldn't classify as news, more gossip.

On the cases in questions, its all about procedures, I've seen many cases where the original offence is not disputed but the procedures were lacking so the disciplinary action is null and void.

 

[Leo]

On the cases in questions, its all about procedures, I've seen many cases where the original offence is not disputed but the procedures were lacking so the disciplinary action is null and void.

That's it in a nutshell. There cases serve as warnings to all that the best reason in the world won't hold up of the disciplinary procedure is flawed.

 

[Clamball]

I read the report. The main issue was Rehab did not produce any witnesses who were involved in the disciplinary hearing or the appeal hearing. The WRC wanted to hear their direct evidence and even held a second day at the WRC to facilitate them turning up. Rehab produced no witnesses so WRC found against them.

The WRC wanted to know what sanctions were considered and the reasons they were rejected before a decision to dismiss was taken. Without that direct evidence they had nothing to go on and found for the employee.

So I am guessing if you are a manager you need to be prepared to defend your disciplinary decisions all the way to the labour court and beyond.

 

[DannyBoyD]

if you are a manager you need to be prepared to defend your disciplinary decisions

Or read it another way & make sure you have followed due procedure, have the documents to prove it and attend hearings.