In a ruling by the Rights Commissioner an employer has been found to have unfairly dismissed an employee for failure of non-compliance, the employee was awarded €10,000, under the Unfair Dismissals Acts, 1977 to 2007.
This case came before the Tribunal by way of appeals, by both the employee and the employers against the recommendation of the Rights Commissioner. The employee took the claim under the Unfair Dismissals legislation that his dismissal by reason of gross misconduct was unfair and unreasonable.
The case in question concerns, UD2222/2011, employee had worked with the employer’s company on and off since 2003. In March 2011, the employee was informed that his personal performance was an issue, after he was seen taking sweets from the “pick & mix” and also taking a can of coke. The employee, in evidence to the Tribunal, gave evidence to the effect that the store manager was laissez about the speed with which confectionery would be paid for. The employee had never been criticised about the way he operated the policy before so it was all quite a surprise to him.
The Tribunal found that:
- The employee went into the disciplinary meeting in the full expectation that he would be receiving a warning for his failure to comply with the company policy of payment.
- The employer had stonewalled the employee, as he had not been given CCTV and that six weeks had passed before any attempt was made to set a date for it to be given.
- The tribunal found that the store manager and the employee line manager had had no difficulty with the way in which the employee paid for his confectionery.
Tips for employers
This case again shows the importance of fair procedures for an employee, it also highlights that employers should;
- Always have the evidence available for the staff member
- Never withhold information from the employee
- Have clear standards and policies in place, which in this case don’t permit employees to take items without paying first
Large awards are being made against employers for a lack of fair procedures, so a fair consultation process is essential and could be the difference between a finding of fair and unfair dismissal.
