Daniel McLoughlin awarded €8,800 for unfair dismissal

The Workplace Relations Commission awarded Daniel McLoughlin €8,800 after finding he was unfairly dismissed by North Dublin Home Care. In a decision dated 2 August 2022, it also found his disability discrimination complaint was not well founded. McLoughlin had worked as a scheduler and systems administrator for the homecare provider. The employer said it dismissed him for gross misconduct after he worked from home without permission instead of attending the office to give carers access to personal protective equipment. The adjudication officer found the dismissal disproportionate, with indications that the outcome had been predetermined and that no lesser sanction was considered. McLoughlin was found to have contributed 20% to his dismissal, and the WRC ordered €8,800 compensation. His discrimination complaint concerned the employer’s failure to reasonably accommodate his asthma. It failed because he had not shown that he notified the employer of his disability at the relevant time or requested an accommodation.