The Workplace Relations Commission awarded Gareth Jones €2,494.44 after finding that Abb Vie (formerly Allergan Ltd.) unfairly dismissed him. The decision, dated 21 October 2022, also found that two related complaints were not well founded or contravened.
Jones said Abb Vie was his employer and that he was unfairly dismissed after completing cleaning records retrospectively. The company argued that he was employed by an agency, not Abb Vie. For unfair dismissal purposes, the WRC treated Jones as Abb Vie’s employee and found the company had followed no procedure after its investigation.
The WRC found Jones had not established financial loss and had not made sufficient efforts to mitigate his losses. It considered four weeks’ remuneration just and equitable because Abb Vie had followed no dismissal procedure, and awarded €2,494.44. His temporary agency work complaint was not well founded because he did not show different treatment in a covered condition. The minimum notice complaint also failed: the WRC found he was not Abb Vie’s employee for that Act and had no entitlement to notice from it.