Limerick transport firm to compensate unfairly dismissed workers

Workplace Relations Commission (WRC) adjudicator Andrew Heavey ordered individual compensation for each of the 11 people involved, ranging from €21,000 to €2,320.

The Workplace Relations Commission ordered individual compensation ranging from €2,320 to  €21,000.

Shannon Transport & Warehouse Company has been ordered to pay more than €109,000 to 11 drivers and helpers for their mass unfair dismissal concerning alleged “unscheduled and undocumented” alcohol deliveries to a Dublin pub, the Bridge Tavern.

Workplace Relations Commission (WRC) adjudicator Andrew Heavey found that this is not a situation where a member of staff deserves summary dismissal for gross misconduct especially where no loss to the company was identified.

Mr Heavey has ordered individual compensation for each of the 11 people involved, ranging from €2,320 to  €21,000.

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 are still not included more than three years after the dismissal.

Mr Heavey also stated that it should be pointed out that despite the suggestion of theft and loss throughout the complaints, the employer has confirmed that everything balanced — deliveries and payments to all clients with no complaints made.

Mr Heavey also found that the actions of the company in dismissing the workers were not within the range of reasonable responses of a reasonable employer.

In total, the firm dismissed 15 drivers and helpers, and 13 brought complaints to the WRC alleging unfair dismissal, with 11 of those legally represented while a further two were represented by their trade union.

Dispute

The employer stated that it became aware of unscheduled and undocumented deliveries to the Bridge Tavern between January and March 2019.

The firm stated that the background to the deliveries was 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 drinks giant Diageo and the footage 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 swap 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 no other pub amongst 70 pubs questioned confirmed a swap arrangement.

In his findings, Mr Heavey said the complaints stated that swaps take place and have been done ever since they were employed at the company and continue to take place.

Mr Heavey stated that the employer confirmed the issue of swaps 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.