The Workplace Relations Commission awarded Donal Herlihy €3,500 after finding that his dismissal by Solvar Limited was unfair because the company’s appeal arrangements were flawed. The decision was dated 31 May 2023.
Herlihy, a graphic designer and photographer, was dismissed after refusing to work on jewellery products from NJO Designs. Solvar said the assigned work was reasonable and that he had repeatedly refused instructions despite warnings. Herlihy argued that the work fell outside his contract and that the disciplinary and appeal process was unfair.
The adjudicator found substantial grounds for dismissal and considered it substantively fair, but found the appeal process procedurally unfair. The company should have appointed someone else to hear the appeal after Herlihy raised concerns about the proposed appeals officer. The WRC awarded compensation after considering Herlihy’s conduct and job search, along with the eight weeks’ pay he had received when dismissed. The award reflects that a fair process was not followed, even though the adjudicator considered the underlying grounds for dismissal justified.