WRC Backs Employer Following Serious Remote Working Policy Breach

A recent WRC adjudication has garnered media attention after a complainant’s claim of unfair dismissal, following alleged breaches of the company’s Attendance and Remote Working Policies, was unsuccessful.

The complainant was employed by the respondent for a period of four years without any history of performance issues. However, during that time, she had been advised that she appeared to take a very relaxed approach to the company’s Remote Working Policy.

What happened?

In 2024, the respondent launched an investigation into discrepancies between swipe-card attendance records and remote working logs. The investigation also examined allegations that the employee had logged into company systems from Spain while supposedly working remotely from Ireland.

The complainant denied the allegations and claimed that her husband worked for a Spanish company. She stated that the confusion arose when she lost internet connectivity at her home in Dublin and used her husband’s Spanish connection to access the respondent’s systems.

However, this explanation was subsequently investigated and rejected by the respondent’s in-house IT expert.

The complainant also alleged that her manager had previously indicated that the department took a relaxed and flexible approach to the Remote Working Policy. Her manager denied this assertion and maintained that the policy had been applied consistently across the department.

The disciplinary process

Following a thorough investigation and disciplinary process, the employee was dismissed from her role.

The respondent stated that a significant breach of trust and what it viewed as blatant dishonesty throughout the process were major factors in the decision to terminate employment.

In accordance with company procedures, the complainant was offered the opportunity to appeal the decision. However, she chose not to avail of this option.

The WRC’s findings

When considering the case, the WRC Adjudicator found that the respondent had afforded the complainant full and fair procedures throughout the process and had upheld the principles of natural justice at all times.

The Adjudicator also identified several inconsistencies in the complainant’s defence, particularly regarding the explanation surrounding the alleged “Spanish connection”.

Ultimately, the Adjudicator concluded that the complainant’s defence was insufficient and dismissed the claim.

For reference, the full decision can be viewed here: ADJ-00055387.

What can employers learn from this?

In an era of hybrid and remote working, this case serves as an important reminder that company policies are enforceable and can provide employers with a strong basis for addressing misconduct.

The decision also reinforces the importance the WRC places on:

• Clear policies and procedures
• Consistent application of workplace rules
• Thorough investigations
• Fair disciplinary processes
• Evidence-based decision making

Where employers can demonstrate these elements, they are generally in a much stronger position to defend employment-related claims.

Practical steps for employers

Circulate a clear Remote Working Policy

Ensure employees understand their obligations regarding attendance, location of work and reporting requirements when working remotely.

Apply fair and objective procedures

Any suspected breach of company policy should be investigated thoroughly and impartially before disciplinary action is considered.

Leverage available IT resources

System logs, attendance records and IT expertise can play a critical role in establishing the facts during an investigation.

Seek advice before taking action

Before progressing to disciplinary sanctions or dismissal, employers should seek appropriate HR advice to ensure the process remains fair and legally compliant.

The Key Lesson for Employers

Remote working offers flexibility and benefits for both employers and employees. However, it also relies heavily on trust.

This decision demonstrates that where trust is seriously undermined and employers follow fair procedures, the WRC will support reasonable disciplinary outcomes.

For advice on remote working policies, disciplinary investigations or dismissal procedures, contact The HR Company before taking action.