The Workplace Relations Commission found Noel Gamble was unfairly dismissed after he and three colleagues stayed away from work during a pay dispute. The WRC awarded him €3,579.45 for unfair dismissal and €4,090.80 in minimum notice compensation in a decision dated 26 October 2023.
Gamble had worked as a general labourer for Patrick McCaffrey & Sons Limited trading as McCaffrey Contractors since 1999. He said dismissal was disproportionate given his service and pay concerns, and that the group believed their foreman had told them to stay away. The company said the absence was unauthorised gross misconduct.
The WRC found the absence was misconduct, but not gross misconduct that justified dismissal. It also found the company knew of the planned stoppage but did not warn the workers. The officer found Gamble contributed 50% to his dismissal and reduced the unfair dismissal compensation on that basis. The minimum notice award reflected eight weeks’ pay.