Anthony O’Brien v Britvic Ireland Ltd [2023]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Workplace Relations Commission (WRC)
  • Type of Claim / Jurisdiction
    Dismissal, Policies and Procedures
Issues covered: Unfair Dismissal; Serious misconduct; Fair Procedures; Re-engagement


The Complainant was a General Operative on a factory floor where he had served as an employee and union shop steward for twenty years. On 12 May 2021 he was involved in a verbal disagreement with another employee which evolved into a physical altercation outside the Respondent’s premises. The Respondent placed the Complainant on leave with pay during an investigation of the incident, which included the review of CCTV footage of the altercation. The Complainant was subject to a disciplinary procedure and was dismissed on the ground of gross misconduct on 25 August 2021. The Complainant appealed, which was unsuccessful, and then referred the matter to the WRC for unfair dismissal

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This article is correct at 06/07/2023

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Paul D Maier BL

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