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Labourer sacked over taking part in 'wildcat strike' wins €7,600

Summary

Noel Gamble, a labourer at Patrick McCaffrey & Sons Ltd, was dismissed after refusing to work on 20 January 2020 following a one‑day work stoppage that he and three colleagues called a "wildcat strike" over pay. The workers had been paid €12.20 an hour in 2008, cut to €11.60 in 2008, and had not seen a raise in 2020, remaining at €12.18. They threatened not to return to work unless management addressed the pay issue. Their foreman, Noel Kerrigan, allegedly told them not to return, a claim he denied. The company's disciplinary process deemed the absenteeism gross misconduct, leading to Gamble's dismissal. The Workplace Relations Commission found the dismissal unfair, awarding him €3,579.45 for loss of earnings and €4,090.80 for notice pay, totalling €7,600. Gamble was the sole worker to challenge the dismissal through the WRC.

Who, what, where, when and why

What: Report matter: Labourer sacked over taking part in 'wildcat strike' wins €7,600. Procedural stage: trial

When:

• Monday 20 January 2020 Incident
• Wednesday 15th January Other
• Friday, January 17th Other
• 2023-11-10 Publication

Why: The company's contracts manager, Hugh Morrow, said in evidence that he chose not to address the matter because he expected the workers to appear on the Monday. CNI source report

Case subjects

Topics

Stage Trial

Read the original CNI report