The Workplace Relations Commission found Gerard Maunsell was unfairly dismissed by Richard Boyle & Sons (2004) Ltd and awarded him €4,860 for lost earnings and €6,480 for loss of redundancy rights. The decision was dated 30 March 2023.
The WRC found serious flaws in the disciplinary process. Maunsell was not clearly told the allegations at the outset, the employer relied on unsigned witness statements, and the same manager was involved in his suspension, investigation, dismissal and appeal. The decision said the dismissal was fundamentally flawed and disproportionate.
Maunsell said he apologised for abusive language and throwing a soap bottle. The employer said he racially abused a colleague and that witnesses supported its account. The WRC did not accept the unsigned witness statements as evidence.
A separate wages complaint concerned unpaid hours from 2016 to 2019. The WRC found it was brought outside the time limit and was not well founded; the merits were not decided.