The Labour Court overturned the Adjudication Officer’s finding that Janos Szaraz’s unfair dismissal complaint was not well founded, finding his dismissal by Brinks Ireland Limited disproportionate and unfair. The Court awarded him €6,000 compensation in a determination dated 3 October 2016.
Szaraz was dismissed after an allegation that he used excessive force against a member of the public at Heuston Station. Brinks argued that his conduct breached the trust between employer and employee and that he failed to report the incident promptly. Szaraz said he had used reasonable force and that summary dismissal was excessive.
After considering submissions, witness evidence and CCTV footage, the Court found the dismissal unfair. It said the €6,000 award reflected the extent to which Szaraz contributed to his dismissal. The Adjudication Officer had also found his contractual notice pay complaint not well founded, but the determination gives no separate outcome for that appeal.