The Labour Court found Fergal Bryan’s unfair dismissal complaint against Irish Rail well founded and ordered the company to re-engage him within six weeks. The determination, dated 25 October 2018, amended an Adjudication Officer’s earlier decision, which had also found the complaint well founded.
Irish Rail argued that Mr Bryan had repeatedly failed to follow its procedures and that his absence from a medical appointment on 29 March 2017 amounted to abandoning his post. Mr Bryan said he had not received notice of an earlier appointment and told the Court he had difficulty getting around while using crutches.
The Court noted that Mr Bryan had been in contact with Irish Rail and had attended its premises more than once in the week before his dismissal. It also found that Irish Rail had not used its own disciplinary procedure. The Court said fair procedures were required and concluded that the dismissal could not be considered fair. It ordered re-engagement as the appropriate remedy.