The Workplace Relations Commission found David Walsh was unfairly dismissed by Mark Gallagher T/a Smart Financial and awarded him €12,000. The decision, made by adjudication officer Pat Brady, was dated 26 October 2023.
Walsh was dismissed after a disciplinary process over alleged misconduct, including attending work on 2 September 2021 despite an instruction not to return. The adjudicator accepted that the attendance could justify disciplinary action, but found serious flaws in the employer’s process. Minor matters were elevated to gross misconduct, and there were doubts about the decision maker’s independence.
The adjudicator rejected the employer’s claim that Walsh’s conduct amounted to a 100% contribution to his dismissal. His failure to follow the instruction remained relevant, while his limited efforts to find work led to a substantial reduction in compensation.
A separate Payment of Wages complaint was well founded. Walsh was awarded €5,551 for four weeks’ notice and €4,718.35 for 17 days of untaken annual leave. His commission claim was not made out because he did not provide enough evidence, so that complaint was only partly upheld.