The Labour Court overturned the decision rejecting Wieslaw Tyka’s unfair dismissal complaint and awarded him €6,580 after finding his dismissal procedurally unfair. The determination was dated 20 December 2017.
Mc Stone Systems Limited T/A Stone Systems dismissed Tyka after he worked on an insecure platform at a Manchester construction site. The Court found that his actions created serious risks and could have justified dismissal. But the company did not investigate the incident, give him the reports behind its decision or give him a sufficient chance to defend himself.
The company said Tyka had breached safety rules despite training and clear instructions. He argued that dismissal was disproportionate and that he had been made a scapegoat amid wider safety failures. The Court found that Tyka contributed significantly to his dismissal and took this into account in setting compensation.