The Workplace Relations Commission awarded Sergiu Nikodim €3,000 after finding his dismissal by Maxela Limited unfair. The decision, dated 31 March 2023, also awarded him €820 over his employment terms and conditions.
Nikodim, a warehouse operative, said he was using his phone to top up credit during a workplace stoppage. Maxela said he breached its phone policy and had damaged trust. The adjudication officer found it was reasonable for the company to conclude he had been recording the stoppage, but found dismissal disproportionate and the disciplinary process unfair.
The officer found Nikodim contributed significantly to the decision to dismiss him and set compensation at about half his losses during the 14 weeks before he started a new job. His separate terms complaint succeeded because the English documents did not meet the accessibility standard for an employee who was not fluent in English. A health and safety complaint was not well founded, and two complaints under working-time legislation were withdrawn.