The Workplace Relations Commission found that Lukasz Tymicki was unfairly dismissed and directed Shannon Transport & Warehouse Company T/A STL Logistics to pay him €21,000 in compensation. The decision was dated 20 April 2023.
The case concerned five deliveries of 10 kegs to the Bridge Tavern. The company said they were unscheduled and undocumented and amounted to gross misconduct. Tymicki said they were part of established swaps between pubs.
The adjudication officer preferred Tymicki’s direct evidence. The company’s general manager attended the hearing but did not give evidence, and the officer found the employer had not proved that dismissal was justified. The officer also noted that company procedures did not prohibit swaps, and no delivery or payment discrepancies or customer complaints had been identified.
The WRC found the dismissal was not a proportionate response. The Payment of Wages complaint was withdrawn at the start of the hearing. Tymicki had since found other work and was earning about as much as before his dismissal by the time of the hearing.