CG Power Systems Ireland Ltd (Represented by Irish Business and Employers’ Confederation) v Sebastian Wrobel (Represented by Mark J Byrne B.L., Instructed by Tracey, Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 20 December 2018
• Judgment citation (vLex): [2018] 12 JIEC 2001
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.UDD1871 ADJ-00002221/SR CA-00002399-001
• Date: 20 December 2018
• Court: Labour Court (Ireland)

Labour Court

FULL RECOMMENDATION

UD/16/111

DETERMINATION NO.UDD1871

ADJ-00002221/SR CA-00002399-001

PARTIES:

CG Power Systems Ireland Limited (Represented by Irish Business and Employers’ Confederation)

and

Sebastian Wrobel (Represented by Mark J Byrne B.L., Instructed by Tracey, Solicitors)

DIVISION:

Chairman: Mr Haugh

Employer Member: Mr Marie

Worker Member: Ms Treacy

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

SUBJECT:

1 1. An appeal of an Adjudication Officer’s Decision no: ADJ-00002221/SR.

BACKGROUND:

2 2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 3 October 2016 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 2 October 2018. The following is the Determination of the Court:

DETERMINATION:

Background to the Appeal

3 This is Mr Sebastian Wrobel’s (‘the Complainant’) appeal of an Adjudication Officer’s decision (ADJ-00002221, dated 1 September 2016) under the Unfair Dismissals Act 1977 (‘the Act’). The Complainant’s Notice of Appeal was received by the Court on 3 October 2016. The Court heard the appeal in Sligo on 2 October 2018. The delay in the matter coming on for hearing was due to a number of adjournments having been granted previously to the Parties.

4 The Complainant gave evidence on his own behalf. Evidence was adduced from four witnesses on behalf of CG Power Systems Ireland Limited (‘the Respondent’): Mr Patrick O’ Hare, Ms Andrea Flanagan, Ms Stephanie Leonard and Mr James McMahon.

Factual Matrix

5 There is no material dispute between the Parties in relation to the facts of this case. The factual matrix can, therefore, be recited succinctly as follows. The Complainant was employed by the Respondent between 9 August 2004 and 1 December 2015 when he was dismissed on grounds of gross misconduct (albeit with payment in lieu of six weeks’ notice). The Complainant was employed as a Grade 3 General Operative and deployed primarily as a welder. His rate of pay was €741.12 gross per week.

6 On 10 October 2015 the Complainant was observed sleeping in a cubicle during and beyond his official break during a night shift by Mr Pat O’ Hare, Supervisor. Mr O’ Hare reported the incident which was then investigated by Ms Andrea Flanagan of the Respondent’s HR Department. At the investigation meeting on 13 October 2015, the Complainant stated he had been suffering from back and shoulder pain caused by his having to handle heavy materials...