The WRC awarded €2,424.48 to Barry Fitzgerald after finding his dismissal by Ground Investigations Ireland Ltd unfair. The decision was dated 31 May 2022.
Fitzgerald worked as a general operative. The company said he had failed to follow absence and medical certificate rules, while Fitzgerald said he had been told to stay away until his injuries were fully better and had offered to do lighter or office work.
The adjudicator found the workplace absence rules inconsistent and the written warning unclear about its level. Fitzgerald was not told the purpose of the meeting or that dismissal was possible, was not offered representation and had no opportunity to appeal. The adjudicator considered his conduct unacceptable but found dismissal for gross misconduct disproportionate, saying the case did not involve gross misconduct.
The compensation was four weeks’ pay. The adjudicator also found Fitzgerald’s efforts to find another job poor and said he had provided no documentation of an active job search.