WRC Award €22k for Dismissal Regarding Sexually Explicit Texts

A recent Workplace Relations Commission (WRC) ruling has once again reinforced one of the most important principles in employment law: no matter how serious the employee’s behaviour may appear, fair and proper procedures must always be followed.

In this case, a financial services operations manager was dismissed after sending sexually explicit messages from two female colleagues’ phones, behaviour any reasonable employer would regard as completely unacceptable.

However, despite the seriousness of the misconduct, the WRC found the dismissal to be procedurally unfair “from beginning to end” and awarded the former employee €22,500 in compensation.

What Happened

The manager admitted to taking two colleagues’ phones on separate occasions and sending sexually explicit or inappropriate messages as a “joke”. Both incidents caused considerable upset to the women involved and were found to constitute sexual harassment under the company’s own policy.

Yet, while the WRC agreed that the behaviour was grossly irresponsible and offensive, it found the employer’s handling of the matter to be fundamentally flawed.

Key issues included:

• The independent investigator went beyond their remit by making findings on the severity of the offence.
• The disciplinary panel relied too heavily on the investigator’s conclusions without properly considering the manager’s defence.
• The earlier 2022 incident - which had previously been closed - was unfairly used to strengthen the case for dismissal.
• The manager was not permitted to appeal the investigation report before being dismissed.

The Outcome

The WRC ruled that the dismissal, while understandable, was not carried out in line with fair procedures. The adjudicator noted that a “reasonable, prudent and wise employer” might have reached a different conclusion had the process been fair and balanced.

Although the employee’s conduct contributed to his own dismissal, and the award was reduced to reflect that, the company was still ordered to pay €22,500 in compensation.

The Key Lesson for Employers

Even when the evidence seems overwhelming, and the misconduct appears “obviously wrong”, employers must never shortcut the disciplinary and investigation process.

The WRC has consistently taken the view that:

“The fairness of the process is as important as the reason for dismissal.”

This case serves as a strong reminder that:

• Procedural fairness protects the employer, not just the employee.
• Every disciplinary process should be well-documented, impartial, and proportionate.
• The roles of investigator, decision-maker, and appeal officer should remain clearly distinct.
• Even where an employee admits wrongdoing, a fair hearing must still take place.

In Summary

No employer should tolerate serious misconduct, but rushing to dismissal without a fair, transparent process can turn a justified decision into an expensive WRC claim.

At MSS The HR People, we support employers through complex disciplinary and grievance investigations, ensuring that each stage of the process is carried out fairly, proportionately, and in line with best practice, protecting your business and your team.

If you require assistance or advice with conducting an investigation or disciplinary process we strongly recommend that you contact us at each step along the way, so that we can keep you on track and help to protect your business.

Phone: 018870690 Email: info@mssthehrpeople.ie