€7,500 Award After Dismissal Found “Arbitrary and Unreasonable”: Why Fair Procedures Matter in Short-Term Role Changes
A recent Workplace Relations Commission decision highlights a key lesson for employers: even where an employee’s role changes, or where there is uncertainty around service, fair procedures must still be followed before dismissal.
A former employee of Wilson’s Hospital School was awarded €7,500 after the WRC found that his dismissal was unfair, arbitrary and unreasonable.
The decision is a useful reminder that employers should be cautious when moving employees between roles, particularly where redundancy, restructuring or cost-cutting measures are involved.
Background to the Case
The employee was initially engaged in an accounts manager role. The school later reviewed its financial position and considered cost-cutting measures, including redundancies.
The employee was told his accounts role no longer existed and worked out a four-week notice period. During that period, he was also asked to carry out further work relating to redundancy payments for other staff.
He was then offered a separate supervision role, working 19 hours per week.
However, shortly after starting that role, he said there was a negative and unexplained change in how he was treated. He felt sidelined, removed from communications, and ultimately told not to come into work.
He was also removed from a work WhatsApp group.
The employee argued that he was dismissed without reason, explanation, consultation, investigation or warning.
The Employer’s Position
The school argued that the employee’s complaint should not proceed because:
- Any claim relating to the accounts manager role was out of time; and
- He did not have sufficient continuous service in the supervision role to bring an unfair dismissal claim.
The school sought to have the case dismissed on jurisdictional grounds.
What the WRC Found
The WRC accepted the employee’s argument that his employment should be treated as continuous rather than fragmented.
This was significant. It meant the employer could not avoid scrutiny by treating the new supervision role as entirely separate from the previous employment relationship.
The WRC found that the dismissal breached fair procedures.
The employee was not:
- Provided with allegations or complaints;
- Invited to a disciplinary hearing;
- Given an opportunity to respond;
- Offered representation;
- Warned about dismissal;
- Provided with a right of appeal.
The dismissal was described as arbitrary and unreasonable.
The school was ordered to pay €7,500. The award was limited because the WRC found the employee had not made sufficient efforts to mitigate his losses by seeking alternative work.
Key Employer Lessons
1. Role Changes Do Not Remove Fair Procedure Obligations
Where an employee moves from one role to another, employers should be careful before assuming the employment relationship has ended and restarted.
If the work is connected, continuous service may still apply.
This can affect statutory rights, dismissal protections and redundancy obligations.
2. Dismissals Need a Clear Reason
One of the most damaging features in this case was the absence of any clear explanation.
Employers should always be able to identify and document the reason for dismissal, whether it relates to redundancy, conduct, capability, performance or some other substantial ground.
A dismissal without explanation is difficult to defend.
3. Fair Procedures Apply Even Where Employment Is Short
Even if an employee has only recently started a new role, employers should still follow basic fair procedures before termination.
At minimum, this usually means:
- Explaining the concern;
- Giving the employee an opportunity to respond;
- Considering their response;
- Confirming the decision in writing;
- Offering an appeal where appropriate.
4. Removing Employees from Workplace Communications Can Be Evidence
Actions such as removing an employee from a WhatsApp group, cutting off access or telling them not to attend work can become important evidence in WRC proceedings.
Employers should avoid informal or unclear steps that may appear to confirm dismissal before a proper process has taken place.
5. Redundancy and Restructuring Require Careful Management
Where redundancies or cost-cutting measures are being considered, employers should ensure the process is structured and documented.
This includes consultation, selection criteria, alternative roles, notice entitlements and clear written communications.
Practical Steps for Employers
Before terminating employment, employers should ask:
- What is the reason for dismissal?
- Has the employee been told the reason?
- Has the employee had an opportunity to respond?
- Has the decision been documented?
- Has an appeal been offered?
- Is there any issue around continuous service?
- Has legal advice been taken where the situation is unclear?
The Bigger Message for Employers
This decision reinforces a familiar WRC theme:
Poor process can turn a manageable workplace issue into an unfair dismissal award.
Employers do not need perfect procedures, but they do need fair, reasonable and documented procedures.
Where role changes, redundancy discussions or internal restructuring are involved, taking advice early can significantly reduce risk.
How Ormonde Solicitors Can Help
At Ormonde Solicitors, we advise employers on:
- Unfair dismissal risk;
- Redundancy and restructuring;
- Disciplinary procedures;
- Employment contracts;
- Workplace investigations;
- WRC claims and representation.
A clear process protects employers and reduces the risk of costly disputes.
📞 Contact us today for confidential guidance.
Disclaimer: This article is for general information purposes only and does not constitute legal advice.
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