Reinstatement application rejected as employee not fit for the position…

The Employment Relations Authority has rejected an application from an employee seeking to be reinstated to his former job. He brought the claim as he believed that he was unjustifiably dismissed from his workplace.

In determining whether the man should be reinstated, the Authority firstly considered whether he had been unjustifiably dismissed. They decided that his dismissal was justified, because the employer could no longer have any trust or confidence in the man’s ability to adequately perform in his role.

The man had shown an inability to effectively do his job. He had an investigation into his job performance when five allegations were made by his co-workers regarding his conduct at work. This investigation led to the man being dismissed as a result of serious misconduct.

An example of this type of misconduct was failing to properly assess the level of danger in a work situation when someone was injured. This meant there was no warning for the man’s co-workers of the dangerous situation and one of them was injured as a result.

The Authority decided that the man was not fit for the role and that his employer was right to conclude that it could not have confidence in his ability to correctly assess health and safety risks. His reinstatement application was rejected.

If there is confusion over what is required to dismiss an employee legally, or if you think you have been unjustifiably dismissed, it is wise to seek advice from a professional with experience in the area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Alan Knowsley