The Labour Court overturned a €12,500 unfair dismissal award to Vilnis Cacs after allowing Aryzta Bakeries’ appeal. The determination was dated 19 February 2018.
Cacs, a production operative at the bakery, said he was stressed and had taken herbal drops, but denied being under the influence at work. The company said he arrived late and appeared unfit for work in a food production workplace where fast-moving machinery made safety critical.
The Court found it was reasonable for the company’s manager to conclude Cacs was under the influence and unfit for work. It found the investigation and disciplinary procedures fair, and the dismissal proportionate. Cacs had not used the internal appeal process, despite being told in writing how to do so. The Court concluded he had not been unfairly dismissed and set aside the Adjudication Officer’s €12,500 award.