The Workplace Relations Commission awarded a Quarry employee €4,000 for unfair dismissal after finding that the employer failed to follow a fair disciplinary process. The decision was dated 11 March 2016. The WRC also awarded €1,000 for failing to provide written terms and €3,463.44 in lieu of six weeks’ notice.
The employee said he raised safety concerns about guards and an emergency stop on a screening machine and refused to use it. The employer said the machine had safety guards and an emergency stop, and that the employee refused assigned work. The parties gave conflicting accounts of their September 2015 meeting and whether he was dismissed or resigned.
The adjudication officer accepted that the employer dismissed the employee. The employer had not told him in writing that the meeting was disciplinary, explained its possible outcome or given him a chance to prepare. The officer found that this made the dismissal procedurally unfair, while also finding that the employee contributed to his dismissal by not setting out his grievances in writing. The officer found that the employer could not provide documentary proof that the employee received written terms.