The Workplace Relations Commission found that Martynas Gelazius was unfairly dismissed by N Smith & Sons Ltd, but awarded no compensation after finding his conduct contributed 100% to his dismissal. The decision was dated 11 May 2023.
Gelazius had worked as a recovery-vehicle operator. The company said he and a colleague loaded a bumper onto a tow truck without permission, and treated the incident as gross misconduct. Gelazius said there had been no adequate investigation or fair procedure. The adjudicator found that the company had not adequately investigated the incident or followed its own disciplinary procedures, making the dismissal unfair. She also found Gelazius had knowingly removed company property without authorisation and that his conduct contributed fully to the dismissal. In plain terms, the procedural failures made the dismissal unfair, while his own conduct reduced compensation to nil.