The Workplace Relations Commission upheld Gerard Roche’s unfair dismissal complaint against Gmc Civil & Mechanical Engineering Ltd and awarded him €4,000, equal to four weeks’ notice pay. It made no financial compensation award for the unfair dismissal complaint. The decision was dated 2 December 2025.
Roche was dismissed after a road traffic accident in a company van. The company said it was his third accident in two years and relied on an active final written warning. Roche said he swerved to avoid what he thought was a child, accepted the crash and offered to pay for the damage.
The WRC found the disciplinary notice did not tell Roche he faced a gross misconduct charge or explain the possible disciplinary consequences. It also found that the appeal hearer failed to determine whether Roche had received the disputed warning before relying on it to uphold the dismissal. The commission said these process failures fell below the minimum standard for fair procedure.