Delivery driver’s dismissal over chocolate incident found fair

The Workplace Relations Commission found against Szymon Stolarczyk in his unfair-dismissal complaint against Clare Distribution Services, ruling that the company’s decision to dismiss him was reasonable and proportionate. The decision was dated 19 September 2024. Stolarczyk worked as a van delivery driver for 37.5 hours a week. The company said he and a colleague offered chocolate from a company van to a 15-year-old girl. Stolarczyk argued that dismissal was disproportionate and said he had not been trained that sharing food with someone on the street was prohibited. The adjudication officer found the conduct serious and said Stolarczyk had shown no understanding of why approaching a minor in that way was inappropriate. The officer also found the disciplinary process fair, noting that Stolarczyk had an investigation, an opportunity to respond, appeal rights and the option of representation. The unfair-dismissal complaint was not well founded.