Worker sacked over takeaway driver punch-up wins job back

A production operator at Almac Pharma Services Ltd in Dundalk has successfully challenged his dismissal, securing his job back after a 15-month period of unemployment. Stephen Loughran was fired in April 2025 for gross misconduct following a physical altercation with a takeaway delivery driver in March 2025.

“

arm-holding, pushing and a couple of punches thrown by the complainant

The dispute arose when staff refused a food order because it arrived 40 minutes late, past their break time. According to Mr. Loughran, the driver became aggressive when informed the delivery could not be accepted. Mr. Loughran stated he called the driver a "c**t" as he turned to walk away. The driver then allegedly punched Mr. Loughran, who retaliated by grappling and punching back. CCTV footage showed "arm-holding, pushing and a couple of punches thrown by the complainant."

“

could have walked away

The Workplace Relations Commission (WRC) found the dismissal unfair on both procedural and substantive grounds. Adjudicator Breiffni O’Neill disagreed with the company's disciplinary panel, which viewed Mr. Loughran's actions as gross misconduct. The WRC noted that the CCTV did not show a "clear pause in the confrontation" that would have allowed Mr. Loughran to disengage after the driver's initial punch, contrary to the company's assessment.

“

clear pause in the confrontation