The rules surrounding disciplinary procedures can be a little complex at times, especially when deciding what factors to take into account during the process. Here we explore the matter of previous warnings that have since been ‘spent’ – if they’re no longer current, are they valid? In a recent case, the Labour Court ruled against using spent warnings in the disciplinary process, especially to justify dismissal for gross misconduct. The employee in question was a driver with DHL, and he’d received a written warning in 2012 for his poor driving skills that caused damage to a company van. In 2013, he received a final written warning for the same offence, at which stage he was giving the options to either:
- Become redundant
- Be redeployed in the warehouse
- Or to attend a driver’s retraining program
The employer opted for the retraining programme. Disciplinary for Damage There was no further problem with the employee’s driving up until 2015, where he had an accident in his work van which caused damage worth €2,500. He then took part in the disciplinary process and was dismissed for gross misconduct due to “failure to protect and safeguard company property”. The dismissal letter further explained that spent warnings were factored in when the decision was made. He appealed against this, arguing that his spent warning expired and should not be taken into consideration. The appeal officer upheld the decision to dismiss him and explained that the company had to take spent warnings into consideration due to the seriousness of the accidents and the support they provided by retraining him over recent years. However, the Labour Court found the dismissal to be unfair and explained that spent warnings should not be used if they expired. This ex- employee went on to be awarded €72,042.88. Considerations for Spent Warnings A “spent” warning forms part of an employee’s history and under no circumstances should be used to accelerate the disciplinary procedure to the next level warning. However, in certain, limited circumstances it could be used in consideration of the employee’s total work history, especially where any future offences or incidents are related. Furthermore, if the employee handbook states the above, spent warnings can be cited in a dismissal letter where that warning was factored into a process. If you have any questions regarding the issues in this article, please don’t hesitate to contact our 24 Hour Advice Service on 01 855 50 50
