A €3,000 Award Highlights the Risk of Skipping One Final Step
A recent Workplace Relations Commission (WRC) ruling awarded €3,000 to a hotel night manager dismissed for bullying a gay colleague, not because the dismissal itself was unreasonable, but because the employer failed to acknowledge his appeal request.
This case is a textbook example of how procedural failings can override otherwise justified decisions.
Case Summary
- Employee: Omar Mohammed Osman, night manager at a Dublin aparthotel
- Employer: Cantarini Limited
- Reason for dismissal: Bullying and harassment of a gay colleague based on sexual orientation and race
- WRC finding: Dismissal was substantively fair, but procedurally flawed
- Award: €3,000 under the Unfair Dismissals Act 1977
What the WRC Found
Adjudicator Catherine Byrne accepted that:
- Mr Osman engaged in behaviour that offended and distressed a colleague.
- The company acted reasonably in its decision to dismiss him.
- However, the dismissal process was flawed due to a missed appeal request, rendering it procedurally unfair.
What Went Wrong Procedurally?
1. Missed Appeal Email
Mr Osman emailed HR to appeal the dismissal, but the recipient had already left the company, and no response was issued.
Best Practice: Always ensure appeal channels are monitored. If someone departs, assign a responsible HR contact or use a shared email address for formal communication.
2. Failure to Acknowledge the Appeal
The WRC emphasised that not acknowledging an appeal request, even unintentionally, is a breach of the employee’s rights.
Best Practice: Log and confirm receipt of all disciplinary and appeal-related correspondence, even during times of staff transition.
3. Perception of One-Sided Process
Mr Osman claimed the complaint was retaliatory, arising after he raised grievances. While the WRC rejected this, the timing of investigations reinforced the appearance of an unfair process.
Best Practice: When parallel grievances exist, separate and investigate each independently, ensuring timelines and communications are documented to avoid claims of bias or penalisation.
Lessons for Employers
Even when the behaviour is serious and dismissal is justified:
- Always provide an opportunity to appeal
- Ensure appeal requests are acknowledged in writing
- Don’t allow HR gaps to create legal risk
- Respect the Code of Practice on Grievance and Disciplinary Procedures
Bottom Line
A failure to follow procedure cost this employer €3,000, despite a fair decision.
In high-risk disciplinary cases, even one missed step can turn a justified dismissal into a legal liability.
How Bloom Consultancy Can Help
We provide:
- End-to-end support for disciplinary & grievance procedures
- Templates for compliant dismissal and appeal correspondence
- LMS training for managers on procedural fairness
- HR audit services to tighten policies and communication processes
This article is based on public decisions of the Workplace Relations Commission and reported case summaries from Irish media sources. It is intended as a commentary on HR compliance issues relevant to employers and HR professionals in Ireland.