Bogdan's Story: The Right to Answer Your Accuser
Bogdan worked as a warehouse supervisor at a logistics company in Limerick for nearly seven years. He was considered a reliable employee, often praised for his organisational skills and safety record. Everything changed when his employer called him to a disciplinary meeting in November. He was told there were serious accusations against him relating to stock discrepancies, but he was never given the chance to submit a written response to these charges before the meeting took place.
At the hearing, Bogdan felt overwhelmed. The employer presented paperwork and alleged breaches of procedure, but because he hadn't been allowed to prepare a written defence in advance, he struggled to articulate his side of the story on the spot. He tried to explain that he had followed company protocol and that the discrepancies might be linked to administrative errors by another team member, but his words seemed to disappear into the air. Within an hour, he was informed he was being dismissed for gross misconduct. Bogdan left the office feeling shocked, angry, and entirely unheard.
He contacted a solicitor, who immediately recognised the procedural flaw. The law in Ireland is clear: employees must be given a fair chance to respond to allegations—preferably in writing—before dismissal. Bogdan hadn't been given that basic right. His solicitor lodged a claim at the Workplace Relations Commission, highlighting that the employer's failure to allow a written response was a serious breach of natural justice and fair procedure. The employer had no strong defence. The WRC found that Bogdan had been unfairly dismissed due to procedural irregularity, and he was awarded compensation for lost wages, damages for the manner of his dismissal, and legal costs.
What the Law Says
Under Irish employment law, every employee has the fundamental right to fair procedures before dismissal. This includes receiving written details of the allegations against them and being given a reasonable opportunity to respond in writing before a disciplinary hearing takes place. The employer must also consider this written response before making any decision. The absence of these safeguards is a procedural irregularity that makes dismissal unfair, even if the underlying allegations might have had some merit. This protection applies regardless of the seniority of the role.
⚠️ Important: Time Limit for Claims
You have two years from the date of your dismissal to lodge a claim at the Workplace Relations Commission. This deadline is strict and cannot usually be extended. If you believe you were unfairly dismissed, contact a solicitor as soon as possible to ensure your claim is filed within this window.