Was it reckless or responsible? That’s the question the Workplace Relations Commission (WRC) had to weigh in a recent case involving Irish Rail employee Liam Óg Lynch, who was awarded €12,000 after being unfairly dismissed following a workplace crane incident.
In March 2023, Mr Lynch took control of a gantry crane after seeing that its load was unstable — a move he says was intended to protect workers from serious injury. Unfortunately, the load collapsed, trapping a colleague’s foot and causing an injury. Despite acting in what his trade union described as a moment of “leadership and bravery,” Mr Lynch was dismissed shortly after the event.
⚖️ WRC Ruling: A Flawed Process
The WRC determined that Irish Rail’s disciplinary process was fundamentally flawed. While Lynch had previously been told not to operate the crane, the WRC found that the context of the emergency situation was never properly investigated.
Irish Rail failed to:
- Interview key witnesses
- Investigate equipment safety concerns
- Allow Lynch the opportunity to respond to the increased sanction (from warning to dismissal)
The WRC described the decision to dismiss Mr Lynch as both substantially and procedurally unfair, particularly because he had no chance to defend his actions before being terminated.
🚫 No Reinstatement, But Compensation Granted
Although Mr Lynch requested to be reinstated, the WRC declined, citing a breakdown in trust and his new career path outside Irish Rail. Still, they awarded him €12,000 in compensation.
💡 Why This Matters
This case highlights how employers must fully investigate the circumstances surrounding safety-related incidents, especially when employees act in real time under pressure. It also reinforces the importance of procedural fairness, even when disciplinary concerns are valid.
✅ Key Takeaways for Employees:
- Always raise safety concerns in writing when possible
- Document communications and instructions from management
- Know your rights under the Unfair Dismissals Act 1977
If you believe you’ve been unfairly dismissed, reach out to our employment law team today for a confidential consultation.
