The Workplace Relations Commission found Krzysztof Franczak’s unfair dismissal complaint well founded and directed his former employer, Shannon Transport & Warehouse Company T/A STL Logistics, to pay him €2,720 in compensation. The decision was dated 20 April 2023.
Franczak had worked as a driver for 12 years. His employer said it dismissed him over two unscheduled, undocumented deliveries of four kegs to the Bridge Tavern in Dublin. Franczak said the deliveries were part of a swop arrangement between pubs.
The adjudicator preferred Franczak’s direct evidence and found the employer had not proved that dismissal was reasonable or proportionate. The decision noted that deliveries and payments balanced, clients had received their orders and there had been no complaints about shortages. It found the deliveries did not amount to gross misconduct.
The WRC excluded weekly subsistence payments of €70.05 from its loss calculation because they were expenses, not wages. It also noted that Franczak had applied for one alternative job and had received illness benefit and a later long-term payment. His separate Payment of Wages Act complaint was withdrawn at the start of the hearing.