WRC finds Tattonward porter was not unfairly dismissed over COVID-19 safety breaches

The WRC found that Siarhei Klimasheuski was not unfairly dismissed from his porter job at a Direct Provision Centre in Monaghan, despite defects in the disciplinary process. The decision was dated 10 June 2022. Tattonward Limited said it dismissed Klimasheuski over serious breaches of COVID-19 health and safety procedures. He argued the rules had not been adequately explained to him, including in Russian. The adjudicator identified defects in the process, including the absence of a disciplinary hearing and the use of appeal evidence that had not been shared with him. The adjudicator nevertheless found that the rules had been explained to Klimasheuski and that his breaches constituted gross misconduct, so he was not unfairly dismissed. A duplicate complaint under the Unfair Dismissals Act was withdrawn at the hearing.