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WRC awards Stephen Nelson €6,500 after finding dismissal unfair

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that Stephen Nelson was unfairly dismissed and awarded him €6,500 in compensation. The decision, dated 20 April 2023, concerned his dismissal by Shannon Transport & Warehouse Company T/A STL Logistics after an unscheduled delivery to a Dublin pub.

Nelson had nearly 15 years’ service as a helper. The company said the delivery to the Bridge Tavern was unauthorised and amounted to gross misconduct. Nelson said it was part of a long-standing keg-swapping practice. The adjudication officer preferred Nelson’s direct evidence; the company’s general manager, who was central to the issue, did not give evidence.

The officer found that the delivery did not amount to gross misconduct and that dismissal was not a reasonable or proportionate response, given Nelson’s service and the circumstances. The company had not shown that dismissal was justified. Nelson quantified his loss at €13,349.82, but the officer awarded €6,500. His separate Payment of Wages Act complaint was withdrawn at the hearing.

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