The Workplace Relations Commission found mechanic Daniel Sikora was unfairly dismissed and ordered Liam O'Mahony T/A Liam O'Mahony Auto Repairs to pay him €4,000. The WRC also awarded him €1,000 because the employer had not provided a written statement of his employment terms. The decision was dated 21 July 2022.
Sikora worked for the garage from June 2015 until his dismissal in November 2019. His dismissal letter alleged that he had presented himself to work intoxicated; he denied this. The employer did not attend the hearing or file a defence. The adjudication officer said it was not their role to decide whether Sikora was intoxicated, and found the dismissal unfair because there had been no fair procedures or natural justice. There was no hearing, disciplinary process or appeal. The €4,000 compensation was equivalent to eight weeks’ pay and took notice into account. The officer also noted reservations about the evidence on loss and mitigation.
Sikora’s annual leave complaint was not well founded: he had taken two weeks in summer and time off at Christmas, and could not identify a specific shortfall. The officer said they had initiated notifications to Revenue and the Minister for Social Welfare concerning possible tax or social welfare non-compliance.