A LIMERICK transport firm has been ordered to pay €109,040 to 11 drivers and helpers for their unfair dismissal over alleged “unscheduled and undocumented” alcohol deliveries to a pub in Dublin.
Workplace Relations Commission (WRC) Adjudicator Andrew Heavey ordered Shannon Transport & Warehouse Company trading as STL Logistics to pay the former employees compensation amounts ranging from €21,000 to €2,320.
In his findings, Mr Heavey found that it was not a situation where a member of staff deserved summary dismissal for gross misconduct especially where no loss to the company was identified.
In 11 separate rulings, Mr Heavey ordered the company to pay Lukasz Tymicki €21,000, Darren Fallon €15,000, Ben Murphy €15,000, Anthony O’Reilly €14,000, Stanislav Gradinaru €11,000, Sean F Kelly €8,000, John Gray €8,000, Stephen Nelson €6,500, William Dorney €5,500, Krzysztof Franczak €2,720 and Mark Bissett €2,320.
Mr Heavey also found that the workers’ actions did not amount to gross misconduct especially where none of the practices in question were included in the employer’s disciplinary procedures and were still not included more than three years after the dismissals.
He also stated that despite suggestion of theft and loss, the employer confirmed that everything balanced – deliveries and payments to all clients with no complaints made.
Mr Heavey also found that that the actions of the company in dismissing the workers was not within the range of reasonable responses of a reasonable employer.
The firm dismissed 15 drivers and helpers and 13 brought complaints to the WRC alleging unfair dismissal with 11 of those legally represented and a further two represented by their trade union.
The employer stated that it became aware of unscheduled and undocumented deliveries to the Bridge Tavern in Dublin between January and March 2019.
STL Logistics stated that some pubs in the locality were claiming that they were subject to delays in getting deliveries whereas the Bridge Tavern was getting deliveries “every other day.”
Surveillance was placed on the premises by Diageo security and the findings of the surveillance was passed on to the employer for consideration and for management to address the matter.
All 15 staff identified making the deliveries to the Bridge Tavern stated that if the deliveries were made off schedule and undocumented, it was due to a swop and was done following a request from another pub on the route.
This was not accepted as credible by the firm as it stated that as no other pub amongst 70 pubs questioned confirmed a swop arrangement.
Counsel for the workers, David Byrnes, told the WRC hearing that no admissible evidence had been put forward by the employer in relation to the assertion that they were observed on 20 occasions delivering a total of 31 kegs to the Bridge Tavern over the three-month period in question and that this was theft resulting in loss and damage to the company.
Mr Byrnes stated that the reasons for the deliveries, if they did indeed take place, on the dates and by the staff member in question was explained by each complainant in evidence.
He did not accept that 70 statements from the pubs in question were admissible as neither the author of the statements nor the people who allegedly made the statements were available to verify the documents as authentic.
Mr Heavey said that having considered the information obtained from both sides, it was clear that swops do take place.
He added that the employer confirmed the issue of swops is not currently included in its procedures as something that is prohibited nor is the issue of undocumented and unscheduled deliveries included in procedures as an example of gross misconduct that may lead to summary dismissal.
