Employer Justified in Increasing Sanction from Final Written Warning to Summary Dismissal on Appeal

In Martin Browne v Egis Road and Tunnel Operation Ireland Limited ADJ-00019705 the Complainant was issued with a Final Written Warning and a two-week unpaid suspension from work. He was informed of his right of appeal and notified that an appeal could result in the disciplinary sanction being upheld, removed, reduced or increased. The Appeals Manager decided that the initial sanction was not appropriate and increased the sanction to summary dismissal for Gross Misconduct.

Facts: The Complainant was employed as a Duty Manager in the Tunnel Control Room at the Dublin Port Tunnel. He was responsible for overseeing the Tunnel Control Room which monitors the maintenance, safety and security of the tunnel, and for managing the Tunnel Patrollers. The Tunnel Patrollers are responsible for responding to any incidents or accidents that occur in the tunnel.

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