Courts / Ireland / Report

Chemical waste worker wins €28k for unfair dismissal

Summary

A Workplace Relations Commission adjudicator awarded a former chemical waste worker €28,341.86 for unfair dismissal, finding that a formal bullying complaint was the clear motive for his termination. The worker, who served as a waste operations lead, was dismissed on 10 February 2023 after raising concerns about workplace conduct. While the worker alleged he was penalised for making 25 protected safety disclosures regarding the mishandling of hazardous chemicals, the adjudicator, Úna Glazier-Farmer, rejected these claims, ruling that the worker failed to meet the burden of proof for most incidents and did not use the company's mandated reporting system. The employer did not dispute breaches of the Unfair Dismissals Act 1977, the Minimum Notice and Terms of Employment Act 1973, or the Payment of Wages Act 1991, but denied penalisation under the Safety, Health and Welfare at Work Act 2005. The tribunal accepted that the worker's January 2023 email alleging bullying constituted a protected act. Consequently, the adjudicator awarded €23,642.17 for loss of earnings under the Unfair Dismissals Act, €3,747.05 for non-payment of notice, and €952.64 for unpaid wages. No separate award was made for penalisation under safety legislation, as the adjudicator lacked jurisdiction to compensate twice for the same dismissal. The decision was anonymised due to commercially sensitive allegations.

Who, what, where, when and why

What: Report matter: Chemical waste worker wins €28k for unfair dismissal. Procedural stage: hearing_or_decision

When:

• 10 February 2023 Other
• December 2022 Other
• January 2023 Other
• 19 January 2023 Incident
• 2024-11-01 Publication

Why: The Workplace Relations Commission (WRC) has found that a formal bullying complaint raised by the worker was the "clear" motive for the worker's dismissal – rejecting claims that he had made a series of protected safety disclosures about the alleged mishandling of hazardous chemical waste and been sacked for it. CNI source report

Case subjects

Topics

Stage Hearing Or Decision

Read the original CNI report