The Workplace Relations Commission found Lidl Ireland Gmbh unfairly dismissed Kamil Goljanek and awarded him €16,000 compensation. In a decision dated 13 April 2023, it also found the company breached minimum notice rules, but awarded no compensation for that breach because Goljanek suffered no loss from it.
Goljanek was dismissed for alleged gross misconduct after a period of absence. Lidl said the absence was unauthorised and that he had not responded to its letters or attended disciplinary meetings. Goljanek said he was severely depressed, did not read the email correspondence and had provided medical certificates through a colleague.
The adjudicator found the disciplinary process was undermined by the failure to account for a medical certificate on file and by insufficient efforts to alert Goljanek to the proceedings. The WRC concluded no reasonable employer would have dismissed him in the circumstances. Compensation reflected his losses and limited evidence of efforts to find work. Lidl said an administrative error had led it to continue payments after dismissal and claimed it had overpaid him by up to €4,000.