Courts / Limerick / Report
Sacking of allegedly 'volatile and violent' worker procedurally flawed, WRC finds
Summary
Adrian Heller, a worker at Floortech Industries Ltd, claimed he was unfairly dismissed for gross misconduct after throwing a helmet at a colleague. He said the incident occurred on a Thursday in 2021 at a Limerick client site, after a resin mix error forced a floor to be re‑laid. Heller argued the act was a one‑off frustration and not gross misconduct, citing a stressful job and a supervisor's threat to report him. The company, represented by Hallisey & Partners, presented evidence of aggressive, intimidating behaviour, including a hotel incident in Galway and a prior warning in 2019. The Workplace Relations Commission found the dismissal procedurally unfair, noting no written complaint, no right of reply, and an ambush disciplinary meeting. The adjudicating officer awarded Heller €2,500 in compensation, comprising €1,211.20 for lost earnings and €1,360 for two weeks' notice pay. The dismissal was deemed substantively fair but procedurally flawed.
Who, what, where, when and why
What: Report matter: Sacking of allegedly 'volatile and violent' worker procedurally flawed, WRC finds. Procedural stage: hearing_or_decision
When:
- May 2019 Other
- 2023-04-20 Publication
Why: The company's commercial director Michael O'Donoghue, said that Mr Heller had been given a previous warning in May 2019 after being "barred out of the hotel" where the company's staff were staying for a job in Wicklow because he was "aggressive towards somebody". CNI source report
Places mentioned
Topics
Stage Hearing Or Decision Violent Crime
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