Courts / Ireland / Report

Irish Rail worker fired after moving drugs in company van wins €47k for unfair dismissal

Summary

An Irish Rail worker, fired after a conviction for moving drugs in a company van, was awarded almost €50,000 for unfair dismissal by the Workplace Relations Commission. The tribunal, led by adjudicating officer Michael McEntee, noted that the internal investigation had found the employee should not be dismissed, but Irish Rail management refused to accept those findings on safety grounds. The employee had been convicted in the District Court on two counts under the Misuse of Drugs Act, but had passed all employer drug tests and was not a user, according to McEntee. The tribunal awarded €40,000, roughly 44 weeks' pay, plus €7,200 for eight weeks' minimum notice, recognising the dismissal as unfair while acknowledging the safety concerns cited by the employer. The decision was described as a "Judgement of Solomon" after a period of reflection failed to resolve the dispute.

Who, what, where, when and why

What: Report matter: Irish Rail worker fired after moving drugs in company van wins €47k for unfair dismissal. Procedural stage: hearing_or_decision

When:

• June 3, 2020 Incident
• April 24, 2023 Other
• July 1, 1998 Other
• June 16, 2023 Other
• 2024-07-03 Publication

Topics

Drugs Stage Hearing Or Decision

Read the original CNI report