The Workplace Relations Commission awarded Darren Kiernan €15,000 after finding his dismissal unfair. The decision was dated 22 May 2023.
Kiernan worked as a general operative from 2002 until December 2021, when he was dismissed for smoking in his van in the company car park instead of the designated smoking shed. The bakery said the restriction was needed because of fire and explosion risks from combustible materials on site.
Kiernan said the site manager had allowed him to smoke in his van because the shed was crowded during the pandemic. The adjudicator found serious flaws in the investigation, including that it continued after Kiernan raised the alleged permission, and that the employer had not properly established grounds for dismissal.
The adjudicator also found Kiernan’s conduct contributed to his dismissal, reducing compensation by 50%. The award was €15,000.