The Workplace Relations Commission has ruled that a worker put the health of his colleagues in danger when he spat at his Co Tipperary workplace.
The adjudicator said it happened during a time when the entire country was in the fearful grip of Covid-19.
Dariusz Swider took a claim for unfair dismissal against his employer Carey Glass.
He was summarily dismissed for gross misconduct in March of 2020 after he was seen spitting on the ground as managers tried to ensure that workers remained socially distant at the firms turnstile clock-in/clock-out gates.
The Workplace Relations Commission heard that Mr Swider had failed to keep a safe distance from the person in front of him and when called on to do so by the firms Health and Safety Officer instead turned his head towards the HSO and spat on the ground.
This was confirmed by five witnesses with the Workplace Relations Commission adjudicator finding that given the circumstances at the time, Carey Glass acted as a reasonable employer would, in summarily dismissing Mr Swider “in a situation where he put the health of others in the workplace in danger”.
They also found that Mr Swider by his behaviour and attitude left Carey Glass with no other option but to dismiss him on the grounds of gross misconduct.
Dariusz Swider had been employed with the Nenagh company for nearly 15 years.
