WRC Awards €40,000 in Unfair Dismissal Case Involving Allegations of False Evidence
WRC Reference: ADJ-00057560 / 11th March 2026
A recent decision of the Workplace Relations Commission (WRC) highlights the importance of fair procedures, independent decision-making, and the risks for employers where disciplinary processes become compromised.
Background
The Complainant, a Deli Manager, was dismissed following allegations that she had given false evidence during a previous WRC hearing.
The employer relied on this allegation as gross misconduct and proceeded to investigate and terminate her employment.
The employee denied the allegations and argued that the decision to dismiss her was unfair, both in terms of process and outcome.
WRC Findings
The WRC found that the disciplinary process was significantly flawed from the outset.
The investigation lacked independence, with concerns raised regarding the involvement of individuals closely connected to the business. This undermined the fairness and objectivity of the process.
The Adjudication Officer also noted that the employee was not provided with full details of the allegations in advance and was not given a proper opportunity to respond during the process.
A key issue in the case was that the outcome of the disciplinary process appeared to have been decided in advance. The dismissal letter had effectively been prepared before the process had concluded, indicating that the decision was predetermined.
The WRC also criticised the absence of a meaningful appeal process following the dismissal.
Importantly, the Adjudication Officer considered that the dismissal arose in circumstances where the employee had previously given evidence at a WRC hearing. Employees are legally protected when participating in such proceedings, and this was a relevant factor in the overall assessment.
The WRC concluded that the process fell short of the standards required under fair procedures and natural justice.
Decision
The WRC upheld the complaint of unfair dismissal and awarded the Complainant:
- €40,000 compensation
Reinstatement was not considered appropriate given the breakdown in trust between the parties.
Key Takeaways for Employers
This case reinforces several important lessons for employers:
- Disciplinary investigations must be independent and properly structured.
- Employees must be given clear notice of allegations and a fair chance to respond.
- Outcomes should never be decided in advance of a hearing.
- A genuine appeal process is essential.
- Employees are protected when giving evidence in legal proceedings.
Even where an employer believes misconduct has occurred, failing to follow fair procedures can render a dismissal both procedurally and substantively unfair.
This decision is a strong reminder that fair process is not optional. Where investigations are rushed, biased, or predetermined, employers expose themselves to significant legal and financial risk.
In this case, those failures resulted in a €40,000 award for unfair dismissal.
If you need help navigating an investigation or disciplinary process contact MSS The HR People at:
info@mssthehrpeople.ie , Ph 018870690 or visit our website for further guidance.
