Lessons in Fair Process: Key Takeaways from a High-Profile Unfair Dismissal Case
In the latest episode of the HR Room Podcast by Insight HR, Commercial Director Liam Barton unpacks a recent Workplace Relations Commission (WRC) case that offers a masterclass in what not to do when handling workplace conflict and dismissal. The case, involving a financial advisor dismissed from AFS Wealth Management (trading as Abbey Wealth), highlights the critical importance of fair procedures, robust investigations, and the right to defend oneself in disciplinary matters.
The Case: What Went Wrong?
Background:
An employee with over three years’ service raised a grievance alleging bullying by the CEO’s wife and office manager. The next day, she was locked out of company systems and suspended on full pay for six months before being dismissed—without any proper process.
Flaws:
There was no evidence of a fair investigation, no disciplinary meetings, no opportunity for the employee to respond to allegations, and no documentation of the process. The dismissal was communicated by phone and email, lacking transparency and procedural fairness.
Outcome:
The WRC awarded the employee €48,000 in compensation, reflecting both financial loss and the employer’s failure to follow due process.
Why Fair Procedures Matter
Transparency: Employees must be informed of allegations against them, in writing and verbally, and given a chance to respond.
Separation of Roles: The investigation and disciplinary process should be handled by different individuals to ensure impartiality.
Documentation: Every step—from investigation terms of reference, witness interviews, to final reports—should be documented.
Right of Appeal: Employees must have the opportunity to appeal disciplinary decisions to an independent party.
Even in Gross Misconduct: Even in cases of apparent gross misconduct, such as theft or violence, a fair and documented process is essential to withstand external scrutiny.
How Insight HR Can Help
At Insight HR, we specialise in supporting organisations to avoid exactly these pitfalls. Here’s how we can help your business stay compliant, fair, and protected:
Workplace Investigations: Independent, objective investigations led by experienced HR professionals and barristers, with robust reports that stand up to WRC or court scrutiny.
Employment Law Compliance: Guidance on contracts, handbooks, and compliance with Irish employment law, plus regular updates and training.
HR Support & Outsourcing: On-demand advice via our HR helpline, and outsourced HR management or interim placements.
Training & Development: Customised training for managers and HR teams on investigations, disciplinary procedures, and performance management.
Tailored, Personal Service: A dedicated consultant who gets to know your business—no templated answers, just practical, actionable support.
Additional Key Insights for Employers
Proactive Culture: Encourage open communication and regularly update policies to prevent conflicts escalating.
Support for HR: Provide coaching and practical tools to help HR teams manage sensitive cases effectively.
Crisis Management: Act quickly with independent investigations and manage reputational risks carefully.
Continuous Learning: Stay informed on legal updates and use lessons learned workshops to improve processes.
The ROI of Partnering with Insight HR
Benefit | Description |
---|---|
Reduced Legal Risk | Avoid costly WRC claims and reputational damage through compliant processes. |
Time & Cost Savings | Outsource complex HR tasks and free up internal resources. |
Enhanced Employee Relations | Proactive conflict management leads to higher engagement and retention. |
Confidence & Capability | Access to expert advice and training builds internal capability. |
Consistency & Peace of Mind | Dedicated support ensures you’re never alone with a difficult HR challenge. |
Final Thoughts
Whether you need help with a tricky investigation, want to upskill your team, or simply want the reassurance of expert HR support on call, Insight HR is here to help. Contact us today for a confidential consultation and discover how we can help your organisation thrive—while protecting you from the risks highlighted in this case.
For more practical HR insights, tune into The HR Room Podcast or get in touch with our team for tailored support!