A delivery driver was unfairly dismissed after removing a bicycle from a hotel skip during a delivery, the Workplace Relations Commission found. The WRC awarded him €5,000 in a decision dated 26 March 2018.
The driver said it was common practice not to obtain a delivery signature when no one was available and to stand on kegs. He argued that dismissal was disproportionate and pointed to a colleague who received a final written warning for similar conduct. The employer said he had failed to collect a signature, stood on a keg and removed the bicycle without authorisation. It also relied on his live final written warning.
The WRC found uncertainty about the signature requirement and said the safety documents did not appear to prohibit standing on a keg. It also noted that the employer had not identified lost contracts or other losses from the incident. The driver’s conduct merited a sanction, but dismissal was disproportionate; a longer unpaid suspension was available. The WRC considered reinstatement infeasible. It found that the driver had not applied for jobs and that his actions contributed to a very significant degree to his dismissal before ordering the €5,000 payment.