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WRC rejects worker’s unfair dismissal and minimum notice complaints

By Donal Gilhooly

Workplace Relations Commission ·

The Workplace Relations Commission rejected a worker’s unfair dismissal and minimum notice complaints against a manufacturing company, finding the dismissal for serious misconduct fair. The decision was dated 30 August 2017. The worker said the assigned station was not suitable for light duties and that the company failed to consider alternatives when he returned after a back injury. The company said it had modified the workstation, assessed it medically and offered a support operator. The adjudication officer found the company had modified the station, obtained medical assessments, provided a colleague’s support and followed fair procedures. The worker’s repeated refusal to perform the assigned duties was serious insubordination, and dismissal was warranted. The minimum notice complaint also failed because the employment ended for serious misconduct.

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