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Unfair Suspension Costs Inland Fisheries Ireland €38,500

In a recent case at Inland Fisheries Ireland, a 37-year veteran employee found themselves entangled in a tumultuous situation culminating in an unfair dismissal. The controversy ignited when an anonymous complaint, received in January 2022, alleged the misuse of a company tractor by Mr. Pat Gorman, a Director at the Western Regional Fisheries Board.

The pivotal moment unfolded on February 1, 2022, when Mr. Gorman, a dedicated employee, received a call from his line manager, Mr. Greg Forde. The summons led him to the hatchery where he worked, where he was handed an envelope containing a suspension letter.

The reason? An anonymous letter, treated as a protected disclosure, had accused him of improper tractor use. Mr. Gorman maintained that he had only used the tractor for occasional movement and upkeep on his farm.

The ensuing suspension triggered a cascade of events, including the immediate return of the tractor that night and Mr. Gorman’s engagement with the Employee Assistance Program (EAP). His emotional distress during the suspension period even led to a prescription of sleeping tablets and anti-depressants by his GP.

The subsequent investigation, while generally perceived as fair by Mr. Gorman, revealed behind-the-scenes interactions between the CEO and the investigator, raising concerns about the impartiality of the process. A disciplinary hearing followed, factoring in issues with diesel fuel cards that were later resolved. Unfortunately, the dismissal decision stood, adversely affecting Mr. Gorman’s mental state and reputation within his community.

The Adjudicating Officer later intervened, deeming the suspension and dismissal as punitive and unfair. In a compensatory measure, €38,500 was awarded to Mr. Gorman, reflecting the toll on both his professional and personal life.

Notably, the decision not to reinstate Mr. Gorman reflected the adjudicator’s belief that the relationship between the parties had irreparably deteriorated. This decision raises poignant questions about the balance between employee discipline and the potential long-term impact on professional relationships. The respondent’s apparent preference for dismissal over reintegration, even after months of suspension, adds another layer of complexity to the case.

This case underscores the delicate balance required in the handling of employee suspensions. It emphasises the need to prevent misconduct repetition, protect evidence, ensure employee safety, and preserve the employer’s business and reputation. Furthermore, it highlights the importance of fair, reasonable, and proportionate disciplinary actions.

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