The Labour Court overturned the finding against Pejazyr Cakolli and ordered Swissport Ireland Limited to pay him €50,000 after finding he was unfairly dismissed. The determination was dated 18 December 2017.
Cakolli, a ramp agent, had refused an instruction to drive a company vehicle on a road accessible to the public. He said he was waiting for documents addressing his concerns about the vehicle’s tax, insurance and inspection requirements. Swissport said it dismissed him for failing to follow a reasonable instruction.
The Court found Swissport’s inquiry into those concerns inadequate. It had not properly established the basis for the company’s assumption that the instruction was reasonable, and the investigation, disciplinary and appeal processes did not adequately assess that question. The Court concluded the dismissal was outside the range of responses expected from a reasonable employer. It set aside the Adjudication Officer’s decision and ordered compensation for financial loss. It did not consider reinstatement or re-engagement appropriate.