The Labour Court overturned an unfair-dismissal ruling and awarded Vadym Kalinin €35,000 compensation after finding that he was 70% responsible for his dismissal. The determination was signed on 5 January 2018, following Kalinin’s appeal against Structured Finance Management (Ireland) Limited.
The Court found that the company dismissed Kalinin after he refused mediation without warning him that refusal could cost him his job. Although the disciplinary process itself was fair, the company manifestly did not comply with any part of its dismissal procedure. The Court also found that Kalinin’s behaviour damaged relations with colleagues and management.
The Court said restoring Kalinin to his job was not realistic because trust had broken down. It found Kalinin 70% responsible and the company 30% responsible for the dismissal, and ordered the company to pay €35,000 in full and final settlement. Kalinin had worked for the company for seven years. The Adjudication Officer had earlier found that he was not unfairly dismissed; the Labour Court set that decision aside.