WRC awards Shane Finnegan €1,000 after finding dismissal unfair

The Workplace Relations Commission awarded Shane Finnegan €1,000 after finding his dismissal by Darland Enterprises Limited unfair because of flaws in the disciplinary process. The decision was dated 24 February 2023. Finnegan, a welder who had worked for the company since 2006, was dismissed after entering a tank without using a gas meter to check the air. The company said this was a serious safety breach and gross misconduct; Finnegan said his meter was being calibrated and that he took steps to ensure the tank was safe. The adjudicator found that dismissing him was reasonable on the merits. The adjudicator found the disciplinary process flawed because the investigator attended the disciplinary meeting and the company did not give Finnegan the manager’s report. Those procedural problems made the dismissal unfair despite the safety breach. She also found he had contributed significantly to the decision to dismiss him, and set compensation at half his estimated loss of earnings. The award is subject to statutory deductions.