Driver wins compensation after unfair dismissal in Ireland

A driver, Joseph Foster, who was fired for allegedly offering kegs for cash, has won nearly €7,000 after his claim of unfair dismissal was upheld. Foster worked for STL Logistics, a subcontractor for Guinness, and was dismissed in November 2023 for what the company said was gross misconduct. STL Logistics claimed that an investigation began when a publican alleged that he received three kegs less than what Foster was supposed to deliver. Although one keg was leaking, the pub owner stated he only got 10 out of 14 kegs. During the investigation, a barman reported that Foster offered kegs for cash. Foster denied the allegations and argued that one keg was simply forgotten on the truck. The company relied on CCTV footage to support their case, but Foster pointed out that the footage seemed altered and had gaps. He claimed he had no chance to challenge the anonymous complaint made against him. The adjudicator, David James Murphy, found that STL Logistics failed to properly investigate the claims. He noted that Foster was not informed of who made the complaint and was not given a written statement of the allegations against him. Murphy also criticized the reliability of the CCTV footage used as evidence. In the end, Murphy ruled that Foster’s dismissal was unfair, but he reduced the total compensation because Foster admitted to not fully engaging with the disciplinary process. Foster was awarded €4,500 for unfair dismissal and €2,324 for unpaid notice, totaling €6,834.