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Labour Court affirms decision that Keelings worker was not unfairly dismissed

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court affirmed the decision that Simas Maliauskas was not unfairly dismissed, and his appeal failed. The determination was dated 7 February 2016. Keelings Logistics Solutions said it dismissed Maliauskas for gross misconduct following an investigation into alleged manipulation of company policies and misuse of sick pay. He argued that his absences should have been handled through the agreed absence-control programme and challenged the disciplinary process. The Court found the investigation and disciplinary procedures fair. It concluded that the alleged manipulation and misuse, rather than the level of absence itself, were at issue, and that dismissal was within the range of reasonable responses to the disciplinary findings.

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