The Workplace Relations Commission has awarded Darren Fallon €15,000 after finding his dismissal unfair. In a decision dated 20 April 2023, adjudication officer Andrew Heavey said the employer had not shown that dismissing him for gross misconduct was reasonable.
Fallon had worked as a helper for 27 years when he was dismissed over an unscheduled delivery to the Bridge Tavern in Dublin on 30 January 2019. He said it was part of a long-standing practice of swapping kegs between pubs. The employer disputed that account and said the delivery was undocumented and the dismissal was justified.
The officer preferred Fallon’s direct evidence, noting that the employer’s general manager did not give evidence. He found the employer had not identified delivery shortages, payment discrepancies or client complaints, and that its procedures did not prohibit swaps or specify undocumented deliveries as gross misconduct. He concluded the dismissal was disproportionate for an employee with almost 27 years’ service. Compensation was chosen instead of reinstatement. Fallon found another job about three weeks after his dismissal, but the officer said he had not shown adequate efforts to find higher-paid work; that was reflected in the award. Fallon withdrew his separate Payment of Wages Act complaint at the start of the hearing.