Introduction

The case of a Worker v Louth County Council (ADJ00041356) examines the circumstances under which it would be reasonable or otherwise for an employee not to participate in an investigation or disciplinary process. The matter was appealed to the Labour Court (LCR22871). 

The Worker (the Complainant) brought a complaint under Section 13(9) of the Industrial Relations Act, 1969 against Louth County Council (the Respondent) to the Workplace Relations Commission (WRC), alleging that he was unfairly sanctioned and taken off winter road gritting duties following an incident in relation to a gritting truck in December 2020.

A duty to participate in an Investigation and Disciplinary Process?

The Complainant was issued with a disciplinary sanction for failing to follow an instruction to collect a replacement truck when issues arose with the truck he was driving. The Complainant refused to drive the truck on the basis that it was unsafe. The Respondent submitted that the truck was safe to drive to a location to collect an alternative truck and that the Complainant refused to follow a reasonable instruction.

In response, the Complainant was placed on administrative leave which he alleged should only apply in cases of serious misconduct. The Complainant further alleged that the matter was not properly investigate and procedures used to sanction him were flawed.

Ultimately, the Labour Court decided that, notwithstanding some confusion surrounding the implementation of the company’s investigation and disciplinary policy, the failure of the Complainant to participate in that process was prejudicial to his own interests.

The Labour Court determined that:

“The Court notes the worker raised concerns about the disciplinary process with the CEO at the outset. Having written to the CEO the worker chose not to engage in the process and instead read out a pre-prepared statement at the disciplinary hearing. A worker is expected to cooperate with any disciplinary investigation. In this case by refusing to engage in the process, the worker denied himself an opportunity to respond to any questions raised and have his views fully considered as part of any outcome.”

Takeaways

The takeaway for employees considering bringing a complaint relating to an investigation or disciplinary process, is for them to fully participate in that process, notwithstanding any flaws they may perceive to exist. Our advice is for employees to highlight any procedural deficiencies, in writing, to the employer throughout the process so that such failings can be addressed or relied upon at a later date if a complaint is filed.

For employers, it will be necessary to demonstrate that the process carried out to investigate or discipline an employee was carried out in accordance with due process and fair procedure, ideally following the company’s own internal guidelines.

Further information

This article was prepared by Barry Crushell for informational purposes only. For further advice, please email contact@crushell.ie or contact the offices of Crushell & Co Solicitors.