Limerick-based transport company ordered to pay €110k to workers dismissed over keg deliveries

A LIMERICK-based transport firm has been ordered to pay almost €110,000 in compensation to 11 drivers and helpers who were dismisses en masse due to concerns over alleged “unscheduled and undocumented” alcohol deliveries to a Dublin pub, the Bridge Tavern.

Following a hearing at the Workplace Relations Commission (WRC), Adjudicator, Andrew Heavey found the workers had been unfairly dismissed.

Accordingly, he ordered Shannon Transport & Warehouse Company, trading as STL Logistics, to pay the 11 former employees a total of €109,040. The individual compensation payments range from €21,000 to €2,320.

In his findings, Mr Heavey found what happened was 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 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.

In his determination, published by the WRC, he also stated that it should be pointed out that despite the suggestion of theft and loss throughout the complaints, the company confirmed that everything balanced – deliveries and payments to all clients with no complaints made.

Mr Heavey also found that that the actions of the company in dismissing the workers was "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 and a further two were represented by their trade union.

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During a hearing last year, the employer stated that it became aware of unscheduled and undocumented deliveries to the Bridge Tavern between January and March 2019. 

The firm stated 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 Diageo security and the findings of the surveillance were passed onto 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 as no other pub amongst 70 pubs questioned confirmed a swap arrangement.

Counsel for the complainants, David Byrnes BL (instructed by Setanta Solicitors) told the WRC hearing that no admissible evidence had been put forward by the employer in relation to the assertion that they were observed on 20 occasions delivering a total of 31 kegs to the Bridge Tavern over the three-month period in question and that this was theft resulting in loss and damage to the company. 

Mr Byrnes stated that the reasons for the deliveries, if they did indeed take place, on the dates and by the staff members in question was explained by each complainant in evidence. 

The barrister stated that in respect of the 70 statements of the pubs in question, he did not accept these documents as admissible as neither the author of the statements nor the people who allegedly made the statements were available to verify the documents as authentic.

He argued that the employer's submissions relating to the deliveries does not meet the same standard of proof as the direct evidence provided by the complainants.

In his findings, Mr Heavey noted that in evidence, the complainants had stated that swaps take place and have done so ever since they were employed at the Company and continue to take place. 

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Mr Heavey said: “In my view and having considered the information obtained from both sides at the adjudication hearings it is clear that swaps do take place.”

He further 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.

Earlier this year, a colleague of the 11 complainants -  shop steward Sean Corcoran -  whose claim was pursued by his trade union, Siptu, also secured orders for €5,200 for unfair dismissal and a further €2,720 in notice pay against the company.

The total compensation orders against the firm under the Unfair Dismissal Act in the twelve cases was €114,240.

Two other former workers who lodged claims against STL Logistics, but did not appear to progress them on their hearing dates, had their complaints against the firm dismissed.