The Workplace Relations Commission found that Britvic Ireland Ltd. unfairly dismissed Anthony O'Brien and ordered the company to re-engage him in his former role. The decision was dated 15 May 2023. The period between his dismissal and re-engagement is to be treated as unpaid suspension.
O'Brien, a General Operative and SIPTU shop steward, was dismissed after an altercation with a colleague. He believed his union activity was connected to the dismissal. Britvic said its investigation and disciplinary process led to his dismissal for alleged inappropriate behaviour and fighting.
The adjudication officer found that no reasonable employer would have dismissed O'Brien on the evidence gathered. The officer also found serious procedural flaws: the allegations were not properly specified, O'Brien did not receive key witness statements in time to respond, and the disciplinary officer appeared to re-investigate matters. The officer said O'Brien's conduct could have warranted a final written warning or, at worst, unpaid suspension. The decision found no compelling evidence that his dismissal was connected to his union activities and noted that the colleague was also dismissed.