Unfair dismissal and a return to work

Winning an unfair dismissal claim does not necessarily mean receiving compensation. In Stephen Loughran v Almac Pharma Services Ireland Limited, ADJ-00059324, the Workplace Relations Commission ordered a return to employment. Its decision of 21 July 2026 illustrates why the choice of remedy deserves careful consideration.

A six second confrontation

Mr Loughran, a production operator, was dismissed following an altercation with a delivery driver. He admitted offensive language but maintained that his physical response was self-defence. The WRC found the employer’s assessment of CCTV unreasonable and the dismissal substantively unfair.

Procedural defects included concentrated evidence-gathering and decision-making functions, expanded allegations, unresolved conflicting accounts and deficiencies on appeal. These were material failings affecting the fairness of the process.

Re-engagement rather than reinstatement

Section 7(1) of the Unfair Dismissals Act 1977, as amended, provides three forms of redress: reinstatement, re-engagement or compensation. The appropriate remedy depends on all the circumstances; compensation is not the only available outcome.

Reinstatement restores employment from the dismissal date, effectively treating the dismissal as having not occurred. Re-engagement permits a return to the former role, or another reasonably suitable position, on terms considered reasonable. The distinction can have substantial consequences for pay and continuity.

Here, the WRC refused reinstatement because the employee’s grossly offensive language was serious misconduct. It instead ordered re-engagement as a production operator, or in an equivalent role, at Dundalk, effective six weeks after the decision. The intervening period was deemed unpaid suspension.

When a return remains practicable

The WRC identified no objective obstacle to a return. The driver had no continuing workplace presence, and there was no evidence of irreparable breakdown with immediate colleagues. Senior management’s asserted loss of confidence did not determine the remedy.

For employers, the practical lesson is to examine evidence consistently, define allegations clearly and structure the process to protect impartiality. Section 6(7) of the 1977 Act permits consideration of the employer’s reasonableness and compliance with relevant procedures and codes.

For employees, advice should address the desired outcome as well as liability. A request to return should explain how the working relationship can operate in practice. This fact-specific decision does not make re-engagement automatic whenever a dismissal is unfair.

Advice and consultations

If you have an issue concerning dismissal, disciplinary procedures or the remedies available, please contact me to arrange a consultation.

David Danagher BL
David.danagher@lawlibrary.ie
+353 83 396 2899

Instructions in contentious employment matters are accepted through a solicitor. General information on Irish law as at 20 October 2026.