The Workplace Relations Commission found Eddie Desmond was unfairly dismissed by Irving Oil Whitegate Refinery Limited, but said his actions contributed 100% to the dismissal and ordered no compensation for that complaint. It separately awarded him €14,136 in lieu of minimum notice.
The decision, dated 20 March 2024, followed Desmond’s claim that an alcohol test may have been affected by his work with ethanol and that the dismissal process was flawed. The refinery said he arrived late for a random test and failed two breathalyser tests, breaching its substance-misuse policy. The WRC found the process unfair because there was no impartial investigation.
The WRC said reinstatement was impractical. It found Desmond’s actions directly led to his dismissal and assessed his contribution at 100%, leaving no compensation payable for unfair dismissal. His separate minimum-notice complaint succeeded: he was entitled to eight weeks’ pay in lieu of notice. A duplicate minimum-notice complaint was withdrawn at the start of proceedings.