This case involved a claim of unfair dismissal. The Complainant had worked for the Company for 10 years and had a good employment record until a number of incidents in March 2015. He had been found to have carried out his work unsafely as a fork lift driver, which resulted in a final written warning being issued. This sanction was subsequently reduced to a written warning following an appeal to the WRC. While this sanction had been under appeal the Complainant was involved in a further infringement of the health and safety procedures of the Company. As a result, the Complainant was dismissed without notice for gross misconduct.

The Complainant appealed the decision on the basis that he did