The importance of having clear and concise workplace policies is again brought to the fore in a recent decision of the Employment Appeals Tribunal.   

The employee in this case was an Aer Lingus cabin crew member.  During an overnight stay in San Francisco, the employee attended a house party at which he consumed what he understood to be a normal chocolate cookie.  He became both physically and mentally unwell and it transpired that the cookie had contained cannabis.  He did not feel unwell when he reported for work the following morning.  However, shortly after take off, he became unwell and had to be released from duty for the remainder of the flight.

The Employment Appeals Tribunal heard evidence in relation to the cabin crew handbook known as “the bible” which all staff were expected to know inside out.  This included the prohibition of alcohol and certain medicines including illegal drugs prior to taking up duties.         

The airline’s disciplinary procedures were implemented and the employee was dismissed.  The Tribunal accepted that the employee was guilty of gross misconduct.  The Tribunal found that this, coupled with the fact that the employee had previously received a final written warning, which had since expired, meant that the decision to dismiss was justified.  The airline no longer had trust and confidence in the employee.

The Employment Appeals Tribunal heard that the employee had not been given a copy of the findings of the Aer Lingus investigation and the witness statements before the disciplinary hearing.  The Tribunal found that these failures amounted to shortcomings and was critical of them.  However, it refused to accept that they were so significant as to render unfair the procedures used to effect the dismissal.  The employee’s claim of unfair dismissal failed.  

This case highlights the following for employers:

• The importance of having clear work place policies and ensuring that employees are familiar with their contents
• While the conduct of the employee, if sufficiently serious, may result in errors in procedure being overlooked by the Tribunal, it is vital in all disciplinary procedures to respect natural justice and fair procedures throughout the process
• While the Tribunal referred to previous warnings to the employee that had since expired in finding that the dismissal was justified; expired disciplinary sanctions should not be taken into account in deciding whether to effect a dismissal

Finally, employers are reminded that proportionality of response is key and that even where proper procedures are followed in effecting a dismissal, if the sanction is disproportionate, the dismissal will be rendered unfair.

Contributed by Maryrose Dillon.

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