In the case at the Workplace Relations Commission (WRC), David Hunt (37) from Ballinteer in south Dublin has successfully sued for unfair dismissal. Irish Rail dismissed Mr Hunt by letter while he was still in a French prison in September 2016 after telling him that he was unable to fulfill the terms of his contract. Finding that the dismissal was unfair, WRC Adjudication Officer, Máire Mulcahy said that Irish Rail initiated no contact with the complainant or his family to ascertain the relevant facts. Ms Mulcahy said that the electrician - who had worked 14 years for Irish Rail before his unfair dismissal - was not given any advance notice, nor offered any procedure or the right of appeal by his employer. Ms Mulcahy has ordered Irish Rail to pay Mr Hunt €16,472 for his unfair dismissal and an additional €7,728 to compensate him for not being paid any notice. Ms Mulcahy said that she reduced the unfair dismissal by 80% to €16,472 due to the worker’s … [Read more...] about Football fan sacked by Irish Rail after being jailed at Euro 2016 wins damages in unfair dismissal case
Successful unfair dismissal cases
Man sacked after making bullying claims is awarded €26k for unfair dismissal
A Service Manager sprayed perfume on a male colleague and told him "let’s see how you explain that when you get home", the Workplace Relations Commission (WRC) has heard.The perfume incident was one of a number of alleged bullying incidents documented by the general operative to the WRC where the worker has successfully sued for unfair dismissal.In the case, the WRC has ordered the man’s former employer, a Winter services firm pay him €26,000 after finding that the man was unfairly dismissed two days after he raised bullying concerns in the workplace.The general operative told the WRC that the Services Manager would refer to him as "his bitch". He alleged that the fire extinguisher incident was later posted on Facebook and it became known to members of a motorcycle club that he, the Service Manager and other staff were members of. The worker alleged that when the President of the club witnessed the video the Service Manager was expelled from the club as a consequence … [Read more...] about Man sacked after making bullying claims is awarded €26k for unfair dismissal
Len McCluskey rival drops unfair dismissal claim against Unite
A rival of Len McCluskey, Jeremy Corbyn’s close ally, has dropped a claim of unfair dismissal against the union Unite, it has emerged. Gerard Coyne, the union’s former West Midlands regional secretary, withdrew a claim on Wednesday that he was unfairly sacked for misuse of data. Coyne’s withdrawal will be seen as the final action in a battle for control of the UK’s biggest union, which is also Labour’s biggest donor. Coyne was backed by a number of MPs hostile to Corbyn. Coyne was sacked in June 2017, three months after standing against McCluskey in an election to become the union’s general secretary. McCluskey, the incumbent, defeated Coyne after a bitter month-long campaign that culminated in Coyne’s suspension from his union role 24 hours before the results of the vote were declared. McCluskey won 59,067 votes (45.4%), Coyne 53,544 (41.5%) and the grassroots candidate Ian Allinson took 17,143 (13.1%), on a turnout of just over 12%. An … [Read more...] about Len McCluskey rival drops unfair dismissal claim against Unite
WRC cases: Trying to solve problems in the workplace easier said than done
More people are taking work disputes to the Workplace Relations Committee but the complexities of the system can be hard to grasp for the parties involved, writes Caroline O’Doherty.Some of the cases coming before the Workplace Relations Commission in recent times might create the impression that work brings out the worst in people.An amusement company boss takes his employee miles out to sea in a speedboat to interrogate him over missing money while emphasising the distance to shore and the likelihood of hypothermia killing him even if drowning didn’t.Two warehouse workers have an altercation over there being no milk in the canteen and insults fly, as does the subsequently purchased milk carton.A visitor centre worker and his boss have a blow-up over the former’s mistaken belief that he was being instructed to get down on his hands and knees and scrub a floor with brillo pads and the latter’s failure to clear up the misunderstanding.There appears ample material … [Read more...] about WRC cases: Trying to solve problems in the workplace easier said than done
Ex Swans directors’ awarded combined £108k compensation after unfair dismissal
Two former Swansea City Football Club directors found to be unfairly dismissed by the club have been awarded a combined compensation of more than £108,000. A hearing took place at Cardiff Magistrates’ Court following an earlier employment tribunal - held over a week last December - which unanimously judged Steve Penny and Donald Keefe’s claims of constructive unfair dismissal were “well founded”. Judge Cadney awarded Mr Keefe £78,962 compensation, whilst Mr Penny received £30,000. Both men were given a further basic award of £10,059 each. At the so-called remedy hearing, two issues were determined by the judge. The first was whether there should be a 'Polkey deduction' - a deduction from compensation received - based on the likelihood that the claimants would have resigned in any event had they not been unfairly dismissed. The judge secondly considered a fact he said was 'not essentially in dispute' that neither Mr Penny or Mr Keefe had made … [Read more...] about Ex Swans directors’ awarded combined £108k compensation after unfair dismissal