The Workplace Relations Commission awarded Martin O’Riordan €35,000 after finding that Abbott Ireland Limited unfairly dismissed him. The decision was dated 14 April 2023.
O’Riordan worked as a general operative from January 2006. Abbott dismissed him for gross misconduct after he used the wrong cleaning agent at work and tried to correct the mistake by reprocessing the affected items. He argued that the disciplinary process was flawed, including because his dismissal letter wrongly referred to a final written warning. Abbott said the conduct was serious and dismissal was proportionate given its manufacturing procedures.
The adjudicator found that O’Riordan had made two errors but they did not amount to gross misconduct. The WRC found no reasonable employer would have dismissed him in the circumstances. It chose compensation rather than reinstatement or re-engagement, citing significant financial loss despite his efforts to find other work. He did not pursue the separate Employment Equality complaint, and the WRC found no discrimination or victimisation.