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Welder reasonably sacked over safety breach is awarded for employer's 'faulty' dismissal process
Summary
The Workplace Relations Commission ruled that it was reasonable to sack welder Shane Finnegan for entering a high‑pressure chemical tank without a required safety meter, a breach that could have caused serious injury or death. However, the tribunal found that Darland Enterprises Ltd's dismissal process was "clearly faulty" and that Finnegan had "contributed significantly" to his own dismissal. The tribunal therefore awarded him €1,000 in redress for lost earnings, half of the loss he suffered in the two years after his sacking. The decision noted that while the dismissal was justified, the company's handling of the disciplinary procedure was defective, and that Finnegan had not been given a copy of the investigation report or the meeting minutes before he was dismissed. The award reflects the tribunal's view that the employer's process was unfair, despite the seriousness of the safety breach.
Who, what, where, when and why
What: Report matter: Welder reasonably sacked over safety breach is awarded for employer's 'faulty' dismissal process. Procedural stage: trial
When:
- December 2019 Incident
- 4 March 2020 Other
- 10 March 2020 Other
- 2023-03-13 Publication
Why: However, the employment tribunal found his sacking had been unfair because of defects in the disciplinary process – with an adjudicating officer taking issue with the fact that the firm "puts a proper emphasis on health and safety [but] seems to have little concern for the procedures to be followed when dealing with matters of serious breaches of discipline". CNI source report
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