23 Mar Gross misconduct dismissal for theft arrest

The WRC has rejected a claim of unfair dismissal by a senior airport operations manager with over 25 years service, who was dismissed after being arrested in repect of alleged theft from aiport terminal shops.

The dismissed employee argued that he was under severe mental stress at the time, which was supported by medical evidence, and which was not considered properly, with the appeal decision just rubber stamping the disciplinary outcome. He also contended that the decision was disproportionate in the circumstances of long service and an umblemished record, and a demotion or alternative role could have been implemented instead of dismissal.

The disciplinary officer outlined that there was no viable alternative position available to dismissal, and the post held required a high level of trust and confidence, due to its seniority and the nature of airport operations. In addition, the only other role available at the time was that of a car park attendant, which was not suitable.

The appeal officer confirmed she had fully considered all information available, including the personal circumstances and medical context presented and had done so independently of the disciplinary decision.

The Adjudication Officer noted that there was no criminal conviction arising from the matter, but determined that a case for unfair dismissal had not been made and the inherent trust and confidence required in the employment relationship was broken. The rules of natural justice had been followed throughout the process and ultimately, it was up to the employer to determine the trust and safety requirements in an airport setting, which were significant in such a highly regulated environment.

Ref: Gerard Carey v DAA plc Dublin Airport Authority (ADJ-00048839).

Employer’s Advice

For employers who may find themselves in a potential gross misconduct situation with a long serving employee, it is particularly important that full consideration is given to whether dismissal is the only option and that the specific context of the operational environment is properly considered. However, this case has highlighted that with proper and diligent process and full adherence to the requirements of natural justice, a decision to dismiss a senior long serving employee, where trust and confidence has been broken, can stand up.