Worker

Employer

Anonymised Parties

A Supervisor

A Supermarket

Representatives

Self-represented

 A HR Consultant

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00004233

05/05/2025

The Worker’s dispute concerns a final written warning he received in April 2025.  He seeks to have this warning removed from his personnel file.  The Employer submits that the warning was proportionate and fair procedures were followed.    

The Worker has been in the employment of the Employer since 2020.  He received a verbal warning in August 2024 following an allegation of aggressive behaviour towards a colleague.  No investigation occurred as the colleague who complained left the business.  The Worker was told to sign a verbal warning as a formality and that nothing further would become of it.  He would not have agreed to sign it if it was going to be used against him in the future.

In February 2025 the Worker engaged in a verbal disagreement with a colleague over an operational issue.  It was alleged he was aggressive towards this colleague which he vehemently denied.  Following an investigation into the matter, he was issued with a final written warning.  He appealed this warning on the grounds that there were several procedural flaws in the investigation and that the prior verbal warning was improperly relied on.  His appeal was rejected without any reasons being given.  Further, he is being treated differently as another worker who engaged in inappropriate behaviour was not disciplined.  He feels the whole incident was blown out of proportion and is being used as an opportunity to remove him from employment as he is receiving a higher rate of pay.   This dispute has been a source of mental distress for the Worker. 

The Worker seeks the immediate removal of the final written record from his file; confirmation that there is no record of any warnings against him; a review of the handling of the case by the WRC; and an acknowledgement of the emotional harm caused and reassurances of future fair treatment.

The Worker confirmed to the hearing that he had an opportunity during the appeal hearing to raise all his concerns regarding the way the initial investigation was completed. 

The incident in 2024 was fully investigated and a verbal warning was issued to the Worker following a disciplinary hearing.  The Worker had the right to appeal that warning.  The Manager who issued the verbal warning to the Worker in August 2024 told the hearing that he did not advise the Worker not to sign the verbal warning as the warning was sent to the Worker by email.  He does not recall saying to the Worker that he had nothing to worry about in relation to the verbal warning.  Rather he told the Worker that the warning had a life span of 12 months and that the person who complained had left the business. 

The investigation and subsequent disciplinary hearing into the 2025 incident which led to a final written warning was conducted by different managers.  The Appeal Manager is the store owner and was not involved in the original investigation or the subsequent disciplinary hearing. 

The investigation was not biased or unfair.  It was conducted strictly in accordance with the Employer’s Procedures and in full compliance with legal standards.   The final written warning was justified and proportionate.

In conducting my investigation, I have considered all relevant submissions presented to me by the parties.

I am satisfied the Employer conducted a thorough investigation into the 2024 complaint, and following a disciplinary hearing, the Worker received a verbal warning.  The Worker received a final written warning in relation to the 2025 complaint.  As per the terms of the Employer’s Disciplinary Procedure, the Worker had the right to appeal the final written warning.  He exercised this right and raised eight concerns regarding the initial investigation and disciplinary hearing.  He was afforded an opportunity to ventilate these concerns at an appeal hearing before an Appeal Manager who was not involved in the original investigation or the subsequent disciplinary hearing. 

The Appeal Manager wrote to the Worker on 28th April 2025 regarding the outcome of the appeal hearing.  In that letter the Appeal Manager refers to the appeal hearing and the taking of minutes and invites the Worker to confirm or dispute their accuracy.  He then proceeds to state: “After careful consideration, I am writing to confirm that the original decision to issue a Final Written Warning has been upheld”.  I accept the submission of the Worker that no reasons for that conclusion are given.  There was no engagement with the eight grounds of appeal raised by the Worker in relation to the original investigation. 

The requirement for a reasoned outcome is a fundamental part of a fair and transparent process, and it is necessary to allow a Worker to understand why their appeal succeeded or failed.  It is important in this dispute given the sanction was a final written warning. 

The Employer’s Disciplinary Procedure provides: “All warnings are valid for a period of 12 months of date of issue”.  The “Disciplinary Outcome: Final Written Warning” letter dated 3rd April 2025 also confirms: “ . . . this warning will remain on your file for a period of twelve months – at which point it will be removed upon expiry”.  The Disciplinary Procedure provides for reversion to an earlier warning in certain circumstances. 

At the time of the hearing 4 months remained to be spent on the final written warning.  Considering the failure to give reasons in relation to the appeal outcome as outlined above, I recommend that the final written warning should be considered as no longer “valid” (i.e., to have lapsed/expired) from the date of this Recommendation, and accordingly, this warning should be removed from the Worker’s personnel file. 

I recommend the final written warning should be considered as no longer “valid” (i.e., to have lapsed/expired) from the date of this Recommendation, and accordingly, the final written warning should be removed from the Worker’s personnel file.

Final Written Warning. No reasons given for appeal outcome.