The Labour Court overturned an earlier ruling and awarded cleaner Michal Buckowski €10,000 after finding his dismissal by Noonan Services Limited unfair. Its determination was dated 14 February 2019.
Buckowski had worked for Noonan Services since 2006 and was based in a hospital, where his duties included cleaning operating theatres. The company said it dismissed him after ongoing concerns about his work standards, despite training and warnings. A July 2016 audit found areas of an operating theatre had not been properly cleaned, although the work had been signed off as complete.
The Court found that Buckowski had not received all the documents relied on by decision makers and had not been told some allegations before they were investigated. It said those failings deprived him of the chance to answer the charges. The Adjudication Officer had previously found the dismissal was not unfair, but the Labour Court set that decision aside. It found reinstatement or re-engagement impractical and ordered the company to pay €10,000 compensation for financial loss.