THE COMPANY THAT makes Cuisine de France has quashed a €12,500 award previously granted to a worker accused of showing up to work drunk.
Vilnis Cacs, who worked at Aryzta’s Dublin bakery, was previously awarded the payout following a Workplace Relations Commission (WRC) hearing over his claims of unfair dismissal.
However, Swiss-Irish giant Aryzta successfully managed to overturn the decision at a Labour Court hearing earlier this year.
The frozen bakery giant – represented by business group Ibec – told the court that it fired Cacs in October 2015 after he allegedly showed up for work drunk, something he denied.
According to Aryzta’s version of events, the bakery’s night shift coordinator received a phone call from security stating that gardaí had been called after Cacs was seen “driving erratically” onto the premises.
Another manager said Cacs – who was late for work that evening – “looked different than usual and looked like somebody who was drunk”, the court heard.
The night shift coordinator removed the former worker from the production floor. He claimed Cacs was “unable to walk correctly” and “detected a smell of alcohol” from his breath.
After receiving a phone call about Cacs’ erratic driving, gardaí showed up to interview him and were told that he was being sent home.
The ex-employee was suspended with pay. Following an investigation and subsequent disciplinary meeting, he was dismissed.
‘Extremely stressed’
Cacs, who was represented by Niall O’Neill of PC Moore and Co Solicitors, told the court he was “extremely stressed” on the evening in question after receiving bad news about his mother’s illness.
He agreed he was late for work and “drove faster than he should” for that reason. He denied that he was under the influence of alcohol or drugs.
He told the court he did take prescribed herbal drops to relieve stress, but they didn’t affect his ability to drive or work.
Cacs claimed that the company didn’t follow the correct dismissal procedures under Irish law and that sacking him was “disproportionate”.
In its decision, the Labour Court said that “on the balance of probability” it was “entirely reasonable” for the night shift coordinator to believe that Cacs was under the influence of alcohol and unfit to work that evening.
The court said it was satisfied he was made fully aware of what was under consideration at the investigation and disciplinary hearing.
“He was given a full opportunity to state his case and to address any allegation made against him,” it said.
After considering all aspects of the case, the Labour Court concluded that Cacs had not been unfairly dismissed and overturned the previous WRC decision to award him €12,500 in compensation.
Written by Conor McMahon and posted on Fora.ie
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