The Workplace Relations Commission has ruled in favour of Abdullah Aljaber, a former employee at the Dawn Meats factory in Waterford, awarding him €15,000 in compensation for unfair dismissal on the grounds of discrimination. The dismissal was linked to a back injury he sustained, which he claimed was a result of lifting heavy loads under the pressure of Covid-19 pandemic. His allegations of the company overlooking health and safety procedures during the 2020 winter period due to the pandemic-related stress were, however, “refuted” by a company witness, despite the claims being accepted under the Employment Equality Act 1998.
Mr Aljaber noted that the onslaught of the Covid-19 pandemic created immense pressure at the processing plant. He even pointed out instances of meat products falling on the floor, and being placed back on the line, even in the presence of the manager. In response to these assertions, Richie Phelan, a previous health and safety manager at the plant, stated that all workers were aware that they were preparing food for human consumption. He added that procedures were in place for any meat that fell to the floor to be discarded correctly into a designated red tray for off-site disposal, emphasizing that employees were not penalised for following this standard.
In terms of the back injury, Mr Aljaber mentioned that it began as early as November 2020 due to lifting 25kg meat bags in freezing conditions under severe line pressure. He notified his floor manager about this issue verbally in December the same year. Mr Phelan, in response, contested this, stating that there was no obligation to lift heavy products during line delays. He also refuted the injury origin, indicating that Mr Aljaber mentioned having injured his back in a fall at home.
The Tribunal cites that Mr Aljaber undertook long-term sick leave from January 2021and was advised that surgical intervention would need a two to three-year wait. In July 2021, the company informed him of his failed probation and advised him that he may reapply once he had fully recovered.
Nicola O’Gorman, the HR manager of the company, noted that Mr Aljaber did not convey any information about being harmed due to a workplace accident throughout the process. She pointed out his inability to punctually fulfil his probationary period duties.
According to the witness, the company was unable to provide Mr Aljaber with less demanding tasks, so he was required to take sick leave. She specified that his position didn’t accommodate any such leniencies.
In her notes, Ms Cunningham indicated that the claims about burger handling were denied and dismissed by the respondent, and she agreed to Mr Phelan’s negation of the allegations.
Despite this, she deduced that Mr Aljaber’s removal from the company in July 2021 following his sick leave was related to his back ailment.
Moreover, she mentioned a lapse in evaluating any viable adjustments considering Mr Aljaber’s disability.
In support of his grievance, Ms Cunningham ordered Dawn Meats, the company, to compensate Mr Aljaber with €15,000.