The Labour Court overturned a Rights Commissioner’s recommendation and awarded a worker €2,000 after finding his dismissal by South East Formwork Ltd was unfair. The decision was dated 20 May 2005.
The worker left a construction site after refusing to resume work in heavy rain, saying conditions were unsafe. South East Formwork Ltd said he left of his own accord after receiving protective clothing and being told to return to work.
The Court found the circumstances amounted to a dismissal and that the company had other options besides dismissal. It said dismissal without normal disciplinary procedures was inappropriate. The Court also found that the worker and his union had made no effort to mitigate the dismissal, and awarded €2,000 in full and final settlement.