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Stanislav Gradinaru awarded €11,000 for unfair dismissal

By Saoirse Doyle

Historic decision · Decision date:

Place: no local area assigned from the source.

Stanislav Gradinaru won an unfair dismissal complaint against Shannon Transport & Warehouse Company T/A STL Logistics, with the Workplace Relations Commission awarding him €11,000 in compensation. The decision was dated 20 April 2023.

Gradinaru, a driver with almost 11 years’ service, was dismissed for gross misconduct after making one unscheduled, undocumented delivery of a keg to the Bridge Tavern in Dublin. He said he had been asked to make the delivery as part of a long-standing practice of swapping kegs between pubs. The company argued that the delivery breached procedures and justified dismissal.

The adjudication officer found the company had not shown that dismissal was reasonable. Its general manager, who was central to the matter, did not give evidence, while Gradinaru gave evidence under affirmation. The officer preferred Gradinaru’s direct evidence and found that keg swaps took place, company procedures did not prohibit the practices, and there were no delivery or payment discrepancies or customer complaints. The officer also found dismissal disproportionate given Gradinaru’s service. Compensation is money awarded for losses following dismissal.

His separate Payment of Wages complaint was withdrawn at the start of the hearing.

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