Over the past month, we have seen several cases come up in the Workplace Relations Commission (WRC) which remind us that HR processes must be handled with care and compliance.
Two of the stories below feature unfair dismissal as a central theme. If an employee claims that they have been unfairly dismissed, and that claim progresses to a WRC case, the adjudicator will examine whether the employer acted reasonably and proportionately in their decision, as well as assessing whether fair procedures were followed.
Let’s take a look at three notable cases from the past month, and the lessons employers can take from them.
Stabbed on the job
Summary: A security guard, who was stabbed on the job while at work, has been awarded €3,400 by the WRC after his employer failed to pay him his full wage entitlement while he was out sick following the incident. As dictated by the Employment Regulation Order (Security Industry Joint Labour Committee) 2024, the employee was entitled to a period of payment or benefit following an attack in the course of employment.
The WRC found, however, that the employee was only paid for 27 hours a week during this period, rather than the 40 hours to which he was entitled. The Commission also found that the employee had not been issued an employment contract until over a year after the commencement of his employment.
Key takeaways: No matter the industry or type of role, all employees should be issued with an employment contract. Not only is this a legal obligation for employers, but having robust contracts in place helps to prevent breaches of employment legislation when a workplace issue arises. Employees should have access to the exact terms and conditions of their employment, and employers should fully understand their rights and obligations. Lastly, employers should ensure to familiarise themselves with any sector-specific regulations that apply to their business, such as the Employment Regulation Order for the security industry in this case.
Fistfight with a delivery driver
Summary: A production operator at a pharmaceutical company was dismissed for gross misconduct after becoming involved in a physical altercation with a takeaway delivery driver outside the workplace. The incident occurred when a food order arrived 40 minutes late, after staff had already returned from their break. The WRC heard that the driver threw the first punch after demanding that the employee repeat an offensive remark. CCTV footage showed pushing, arm‑holding, and several punches during a fast-moving confrontation. The WRC ruled the dismissal unfair on both procedural and substantive grounds, noting flaws in the disciplinary process and rejecting the employer’s claim that the employee had a realistic opportunity to walk away.
Key takeaways: While serious misconduct can justify dismissal, employers should always consider whether the sanction imposed is proportionate to the circumstances of the case. This case demonstrates the importance of a reasonable response, but also fair and consistent procedures. The adjudicator in this case highlighted issues with the employer's reasoning for dismissing the employee, as well as multiple problems with the disciplinary process itself.
Fired for taking a bakery item
Summary: An employee, who was working for a large supermarket chain, was dismissed after taking a bun from the bakery without paying for it. While the employee has lost their unfair dismissal claim, the case still highlights the importance of fairness and consistency when handling disciplinary issues.
The supermarket had a policy in place that allowed employees to take bakery items after a certain time. However, when the employee in question took a bun from the bakery 40 minutes before this time period, he was dismissed on the basis of theft. The WRC found that the dismissal was reasonable, as the business had demonstrated a consistent approach to theft, which applied to all employees.
Key takeaways: This case also demonstrates the importance of fair and consistent procedures. According to the company's policies, taking an item from the bakery outside of the designated time in which staff could take free products is to be considered theft. Because this policy had been laid out clearly in the employee handbook, and because it had been applied consistently, the dismissal was considered reasonable.
Final Thoughts
As we regularly see from cases in the WRC, these scenarios highlight the ongoing importance of having clear policies and procedures in place. As well as documenting these procedures in employment contracts and employee handbooks, it's crucial to ensure that these policies are reinforced with fairness and consistency.
Employers should ensure that their staff understand their rights and obligations, and that any disciplinary issues are managed in line with the company's own policies as well as with Irish employment law.
