Courts / Dublin / Report
Britvic ordered to take back shop steward after WRC finds 'no evidence whatsoever' he threw punch
Summary
Britvic has been ordered to reinstate Anthony O'Brien, a shop steward with 24 years of service, following a decision by the Workplace Relations Commission (WRC) that found 'no evidence whatsoever' he threw a punch during an altercation outside the firm's west Dublin plant on 12 May 2021. The WRC adjudicating officer, Breiffni O'Neill, found procedural unfairness in Britvic's investigation, noting that the precise allegations were not put to O'Brien and that additional allegations were made during the disciplinary process. O'Neill stated that the sacking was both procedurally and substantively unfair, emphasizing that no training had been provided to staff on the firm's dignity at work policy. The matter was heard under the Unfair Dismissals Act 1977, with the order becoming effective on 15 May 2023. Fergus Dwyer of Ibec, representing Britvic, argued that O'Brien's actions had destroyed the company's trust and confidence, while Dave Curran of Siptu, representing O'Brien, contended that the CCTV footage showed O'Brien was moving away and that he was the victim of an assault. The Trade Union also participated in the proceedings. The case was not adjourned and was concluded at the hearing_or_decision stage.
Who, what, where, when and why
What: Report matter: Britvic ordered to take back shop steward after WRC finds 'no evidence whatsoever' he threw punch. Procedural stage: hearing_or_decision
When:
- 12 May 2021 Other
- 15 May 2023 Other
- 2023-05-31 Publication
Why: He noted that this officer examined the CCTV footage and came to the view that Mr X fell because Mr O'Neill pushed him. CNI source report
Case subjects
Applicant
Applicant
Applicant
Places mentioned
Topics
Stage Hearing Or Decision Violent Crime
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