The Labour Court overturned the Adjudication Officer’s decision and awarded Rafal Kita €10,000 after finding his unfair-dismissal complaint well founded. The determination was dated 7 December 2017. Kita had appealed after the officer found his dismissal by Castolin Eutectic Ireland Limited was not unfair.
Castolin said it dismissed Kita for gross insubordination after he failed to follow a packing instruction and said he did not trust his supervisor. Kita argued the investigation was unfair because he was not given the written complaint, witness statements or investigation notes.
The Court found that Kita failed to follow a reasonable instruction, but that this did not amount to gross insubordination or a substantial ground for dismissal. It was concerned that the investigation considered issues outside its terms and denied him access to witnesses and notes. The Court found the dismissal could not be deemed fair. It considered reinstatement or re-engagement impractical and awarded compensation for Kita’s financial loss.