The Workplace Relations Commission awarded Finton O’Brien €10,500 after finding his dismissal by Abbott Ireland - Irish Branch Abbott Vascular unfair on procedural grounds. The decision was dated 3 November 2021.
O’Brien worked as a maintenance technician. The employer said he had seriously breached maintenance procedures and that its dismissal process was fair. O’Brien argued that the employer had not properly specified the charge against him.
The WRC found that the employer had not told O’Brien the precise allegations he had to answer or that he faced a stage-four disciplinary hearing. It said this breached the employer’s procedures and fair-process principles.
The WRC also found that the dismissal fell within the range of reasonable responses to O’Brien’s conduct and that he had contributed significantly to the decision. It took that contribution, his unemployment, lost benefits and the procedural failings into account when setting compensation at €10,500, which it described as about four months’ basic pay.