Courts / Ireland / Report

Driver 'joke' coughed at colleagues during Covid, WRC hears

Summary

The Workplace Relations Commission ruled that a van driver's coughing incident during the Covid‑19 pandemic was not alone sufficient for dismissal, but his subsequent defamatory Facebook post was. Piotr Prezbiela was accused of an act of physical assault when he allegedly coughed or spat in the face of a colleague on 8 October 2020 at Bedroom Elegance Sales Ltd. Prezbiela claimed he only coughed into his hand as a joke and did not cough into the colleague's face. The company's disciplinary and appeals officers accepted his account of the coughing. Prezbiela was also investigated for refusing to wear a mask and for a negative post on social media. He denied coughing at the colleague, later admitted pretending to cough as a joke, apologized, and said he understood the dangers. The investigation found gross misconduct, and the dismissal was upheld on appeal.

Who, what, where, when and why

What: Report matter: Driver 'joke' coughed at colleagues during Covid, WRC hears. Procedural stage: appeal

When:

• October 2020 Incident
• 8 October Other
• May 2020 Other
• 15 October 2020 Other
• 30 October 2020 Other
• 8 October 2020 Other
• 2023-03-03 Publication

Case subjects

Topics

Stage Appeal Violent Crime

Read the original CNI report