Pierce Lynch loses unfair dismissal claim after saying he acted in self-defence

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Pierce Lynch has lost his unfair dismissal claim against Gaelform Ltd after saying he pushed a colleague in self-defence during a workplace altercation.

The welder was dismissed for gross misconduct on 1 February 2021 following an altercation on 14 January. He lodged his complaint with the Workplace Relations Commission on 4 February 2021, and the adjudication hearing took place on 12 April 2022.

Lynch said two brothers had argued and one had left the premises. With management’s agreement, he drove after the colleague and brought him back. The other brother later approached in a forklift and continued the argument. Lynch said he intervened, whereupon the forklift driver attempted to headbutt him.

Lynch accepted pushing the colleague but said he did so in self-defence. He said the colleague then punched him in the face and side of the head, causing him to black out momentarily.

Gaelform said the colleague’s account was that Lynch had pushed him and that he himself acted in self-defence. The company said both employees were dismissed for gross misconduct after witness statements were considered.

Adjudication officer Andrew Heavey found that Lynch’s actions amounted to gross misconduct. In his decision, dated 19 September 2022, he found the investigation and disciplinary process fair and transparent and the dismissals within the range of reasonable responses. He ruled Lynch’s complaint not well founded.

Lynch acknowledged that he had not appealed his dismissal, saying he had no faith in the process and was unhappy with the person conducting it. He accepted that he had not formally raised objections to the disciplinary process.