WRC awards Philip Evans €1,123.20 in notice pay after dismissal complaint fails

The Workplace Relations Commission awarded security officer Philip Evans €1,123.20 for two weeks’ notice after finding his employer had not paid it. The WRC’s decision was dated 9 February 2022. Evans said he was dismissed after raising a grievance about night-shift work. Interserve Security (First) Ltd First Security said he was dismissed for sleeping on duty. The WRC found that the dismissal was within the range of reasonable responses and that he was dismissed for sleeping on duty, so his unfair dismissal complaint failed. His penalisation complaint also failed: the WRC accepted that he had raised a protected health and safety concern but found no link between it and his dismissal. Three further complaints—an unfair dismissal complaint, a minimum notice complaint and a safety complaint—were withdrawn. The WRC therefore upheld the notice complaint, rejected the unfair dismissal and penalisation complaints, and recorded the three withdrawals.