The Workplace Relations Commission found that a facilities manager was unfairly dismissed and awarded him €12,000. Adjudication officer Kevin Baneham’s decision was dated 8 September 2016.
The logistics service provider dismissed the manager after two heavy bales fell from a forklift and damaged two cars at a neighbouring site. The employer said he had allowed an unlicensed driver to use the forklift and that safety breaches were systemic. The manager said he had sought training for the driver and raised safety concerns that management had not addressed.
The WRC found that carrying two bales together caused the incident, but the practice was not prohibited by the site’s training or licensing rules. It also found that the disciplinary process singled out the manager while overlooking wider safety failings, and that dismissal was disproportionate compared with the treatment of others. The officer assessed compensation at €15,000, reduced it by 20% because of the manager’s contribution to the incident, and awarded €12,000.