A circuit court judge rejected an employer’s appeal and awarded an employee €21,530 for being wrongfully dismissed from his employment position with a waste recycling company.
The court heard the employee concerned brought ten bags of waste material belonging to his father into the Company’s recycling premises. The Company dismissed the employee for an act of gross misconduct stating it had strict rules regarding what employees could bring into their premises. The Company also claimed the waste material posed a fire hazard. Dismissing the company’s appeal Mr.Justice Groarke noted there was no reference in the employee handbook as to what type of waste material constituted a fire hazard.
The judge concluded there was no evidence the employee had seen or been issued with a copy of the Company handbook.
(Ref: Knaoczky -v- Irish Packaging Recycling Circuit Court Feb 2016)