The Labour Court upheld Inspection Services Ireland Limited’s appeal and reduced Miro Krpeta’s unfair dismissal compensation from €80,930.77 to €32,000. The Court’s determination was dated 1 March 2023.
Krpeta had worked for the company since 2004 and was its operations manager when he was dismissed in March 2019. The company said phone records showed his work phone roaming in Europe on a day he was reported sick, and that he wiped the phone during a meeting. Krpeta said he wanted to remove personal photographs and believed the data was backed up.
The Court found that the company’s decision-maker had prejudged the matter and that the disciplinary process lacked fair procedure and an impartial hearing. It said an independent appeal could not cure those flaws. The Court also found Krpeta contributed substantially to his dismissal through his conduct involving the phone and his account of his absence, setting his contribution at 77%. It found reinstatement and re-engagement inappropriate.