WRC dismisses Erik Fernando Policarpo’s unfair dismissal claim against Cooksgrove Limited T/A Euro Farm Foods

The Workplace Relations Commission has dismissed Erik Fernando Policarpo’s unfair dismissal claim against Cooksgrove Limited T/A Euro Farm Foods, finding that he had been placed on temporary lay-off rather than dismissed. Policarpo was sent home after the Garda National Immigration Bureau mistakenly included him on a list of workers it believed were not permitted to work. The bureau later accepted that he and four others on the list were allowed to work. The adjudication officer found the employer had used a lay-off arrangement provided for in Policarpo’s contract, and that both sides understood he was on lay-off. The decision was dated 31 July 2024.