The Workplace Relations Commission ordered Derek Upton’s reinstatement after finding he was unfairly dismissed by McDermott Laboratories Ltd T/A Viatris. The decision was dated 16 June 2023.
Upton worked as a manufacturing operative from 2008 until his dismissal in June 2021. The employer said it dismissed him over suspected dishonesty about how he injured his wrist at work; Upton said the dismissal was unfair.
The WRC found the disciplinary process did not follow fair procedures. It criticised the employer’s reliance on poor-quality CCTV and its conclusions about medical evidence, which went beyond what the doctor had said. The employer also failed to interview the nurse who treated Upton or relevant workplace witnesses.
The WRC found no basis for a finding of wrongdoing against Upton and ordered that he be returned to his former position and terms, with reinstatement backdated to the day of dismissal. The pharmaceutical facility had closed by the time of the decision.