The Workplace Relations Commission found Paul Burke was unfairly dismissed by Dungarvan Insulation Limited and awarded him €11,960, equivalent to five months’ pay. It also found he was denied minimum notice and ordered the company to pay compensation equivalent to one week’s pay. The decision was dated 10 July 2023.
Burke was dismissed in August 2021 after a customer complaint. The WRC found the company did not investigate the complaint or give him a chance to respond, despite having disciplinary procedures. It also found he had one year’s continuous service, including work from August 2020; the company had argued that his employment began in November.
The WRC found the fixed-term work complaint was brought outside the time limit and was not well founded; the merits were not decided. It rejected Burke’s claims that commission was unlawfully deducted and that he was owed additional accrued annual leave.