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WRC finds Kilkenny worker was unfairly dismissed over concrete left in truck

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that Brian O'Neill was unfairly dismissed by Total Highway Maintenance Limited and awarded him €2,000 compensation. The decision was dated 7 November 2024. After a long workday, O'Neill left excess concrete in his truck; it set overnight and made the vehicle unusable for up to two days. The employer treated the incident as a final straw after previous formal warnings about speeding and road safety. The officer found there had been no due process, appeal process or written termination letter explaining the reason. The officer also said O'Neill knew or ought to have known his actions could lead to dismissal, which reduced the unfairness. He returned to work within a few weeks, limiting his loss of earnings to four or five weeks.

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