The Workplace Relations Commission (WRC) awarded a general operative €14,000 compensation after finding his dismissal by a construction company was unfair. In a decision dated 11 May 2016, the WRC also upheld his separate claim for one week’s unpaid wages and awarded €356.88.
The worker said he refused to wear wet gear with holes and a dirty, damaged hard hat. The company said he repeatedly refused reasonable safety instructions and that his dismissal followed a fair investigation, disciplinary hearing and appeal.
The adjudicator found the investigation seriously flawed because a director who had asked the worker to wear the equipment and inspected it also investigated the allegations. New evidence about replacement hard hats was considered at appeal without giving the worker an opportunity to respond. The adjudicator also found dismissal disproportionate, saying the incident was closer to a one-off and the hard hat may not have been fit for purpose. The €14,000 compensation included notice; it was calculated on the basis that the worker had worked a 24-hour week. The wages award covered one week’s unpaid pay.