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WRC rejects unfair dismissal claim after worker leaves following machine incident

By Aoife Loughran

Workplace Relations Commission ·

The WRC rejected a general operative’s unfair dismissal complaint, finding he had voluntarily ended his employment after a workplace incident. The decision was dated 18 October 2017. On 8 March 2017, a colleague threw a timber block at the machine he was operating, smashing its cab window. The employee said he left because the workplace felt unsafe and claimed he was dismissed in a phone call five days later. The company said he had left voluntarily on 8 March.

The adjudicator relied on a witness who heard the call and said the company wanted to investigate the incident and had not told the employee he was dismissed. The WRC also found that the employee had indicated he was leaving his job and later refused to engage with the investigation. It concluded that no dismissal took place and that he effectively terminated his employment. The decision did not determine the rights and wrongs of the employee’s separate allegations of historical bullying.

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