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WRC does not uphold Flahavan's worker's unfair dismissal complaint

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission did not uphold Danny Walsh’s unfair dismissal complaint against E. Flahavan & Sons Limited t/a Flahavan's. The decision was dated 15 February 2023. Walsh said the company knew about his alcohol difficulties and argued that dismissal was unreasonable. The company said it dismissed him for gross misconduct, citing sleeping on the job and dishonesty, alongside earlier warnings. The adjudication officer noted that Walsh gave inconsistent accounts about sleeping at work and lying down. The officer found the employer had a reasonable belief that trust and confidence had irretrievably broken down. Walsh’s separate complaint under the Employment Equality Act was withdrawn at the hearing.

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