Covid protocol failure akin to 'workplace assault', WRC rules

The Workplace Relations Commission has dismissed a complaint of unfair dismissal brought by a direct provision centre worker in Monaghan. The adjudicating officer found that Siarhei Klimasheuski was guilty of gross misconduct akin to workplace assault when he failed to comply with Covid-19 safety protocols at a facility operated by Tattonward Ltd in April 2020. The decision, published in June 2022, concluded that Mr Klimasheuski did not consistently wear required personal protective equipment, failed to sanitise surfaces, and did not enforce social distancing measures among residents despite being briefed on procedures in both English and Russian. Although the adjudicator identified significant defects in the dismissal process, including procedural irregularities and lack of a formal disciplinary hearing, she found the evidence of company witnesses more credible and determined the termination was not unfair. The breaches posed genuine infection control risks during the pandemic's early stages.