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Labour Court Finds That Providing a Proper Translator at Appeal Stage Did Not Mend the Unfairness of Disciplinary Process Where He Was Summarily Dismissed

posted 2 years ago

In Sylwester Michalski v Strandvous Limited the Respondent Company did not provide a translator to its Polish national employee with poor English, allow him access to all the witnesses and incorrectly determined his actions to constitute gross misconduct during the disciplinary process.

Facts:

This was the Respondent Company’s appeal to the Labour Court from a decision by an Adjudication Officers which found for the Complainant in an Unfair Dismissal claim.  The Complainant was a Polish national HGV driver who had worked for the Respondent Company for over 3½ years prior to his summary dismissal on the grounds of gross misconduct in November 2018.

 

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