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Reinstatement Ordered to Clear Complainant’s Good Name

posted 1 month ago

In Alan Kealy v St John of God Community Services Clg ADJ-00036899, the Complainant referred a complaint to the Workplace Relations Commission (the “WRC”) under the Unfair Dismissals Acts, 1977-2015 claiming that he was unfairly dismissed from his role as a caregiver with the Respondent. The Adjudicator, Conor Stokes, found that the Complainant was unfairly dismissed and ordered reinstatement of the Complainant to his role.

Facts: The Respondent’s position was that the Complainant was fairly dismissed after a full and thorough external investigation which upheld allegations made about the Complainant. The allegation was that he grabbed a patient’s foot and pulled him. This resulted in a disciplinary process and the Complainant was dismissed for gross misconduct. His appeal against his dismissal was unsuccessful. The Respondent submitted that it followed the Code of Practice throughout the process.

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