The Workplace Relations Commission found that Philip Brennan was unfairly dismissed by Hegarty Demolition Limited and ordered the company to pay him €25,281 in compensation. The decision was dated 16 August 2022.
The company said it dismissed Brennan on capability and safety grounds after he had a heart attack at a building site. It argued that demolition work was strenuous and safety-sensitive. Brennan said there had been no proper investigation or meaningful appeal, and that he should have been medically assessed before dismissal.
The adjudicator found that no procedure preceded the initial dismissal and that the appeal did not address new medical information certifying Brennan fit to work. The dismissal was both substantively and procedurally unfair.
The compensation reflected eight weeks of full financial loss, followed by 34 weeks in which his weekly earnings were reduced by €186 from the amount used to calculate his loss.