Courts / Meath / Report

Worker who claims he acted in self defence loses unfair dismissal claim

Summary

In early 2021, a welder at Gaelform Ltd in Ballivor, Co. Meath, claimed he had acted in self‑defence after a forklift driver allegedly tried to head‑butt him. The incident, which occurred on 14 January 2021, involved a disagreement between two colleagues. The welder, who said he had momentarily blacked out after being punched in the face and side of the head, pushed the forklift driver in response to the head‑butt. The forklift driver then struck him again. Both men were dismissed on the basis of gross misconduct. The Workplace Relations Commission, after hearing witness statements and the parties' accounts, found that the welder's actions constituted gross misconduct and that the dismissals were justified. The unfair dismissal claim was rejected, with the Commission ruling that the complaint was not well founded. The decision was published on 3 October 2022.

Who, what, where, when and why

What: Report matter: Worker who claims he acted in self defence loses unfair dismissal claim. Procedural stage: hearing_or_decision

When:

• 14 January 2021 Other
• 2022-10-03 Publication

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report