The Workplace Relations Commission found a construction operative was unfairly dismissed after refusing to wear protective equipment he considered defective, and awarded €6,000 compensation. It also upheld his wages and annual-leave complaints, awarding €356.88 and €142.75 respectively. Adjudication Officer Ray Flaherty dated the decision 9 May 2016.
The worker said the wet gear and hard hat were damaged or dirty and that the employer did not address his concerns. The employer argued that he repeatedly refused a reasonable safety instruction and that its disciplinary process was fair. The officer found the investigation seriously flawed because a director involved in inspecting the equipment also led it. The officer also found dismissal disproportionate, noting the worker had no prior disciplinary record and evidence supported his concern about the hard hat.