The Labour Court upheld a finding that N Smith & Sons Ltd unfairly dismissed recovery truck driver Mr Martynas Gelazius, but ruled that no compensation was payable. The decision, dated 30 November 2023, also found he contributed 100% to his dismissal.
Gelazius had worked for the company for 16 years. The Court found serious flaws in the disciplinary process, including that he was dismissed during a meeting without advance notice that dismissal was a possible outcome.
The case followed an incident in October 2021 in which Gelazius helped a colleague load a box onto the company’s recovery truck and drove it away. The box contained a Skoda bumper delivered to the company that day, and Gelazius returned it on 26 October. The Court found there were grounds to dismiss him for knowingly removing company property without permission.
The Court also cited his limited efforts to find other work and his unavailability for work while receiving illness benefit for more than a year after his dismissal. It upheld the original decision, which had found the dismissal unfair but awarded nil compensation after finding full contribution.