It cannot be overemphasised how important it is for a business to ensure that they have relevant, well-drafted policies and procedures in place that cover an employee's Terms and Conditions of Employment. This is especially true in the unfortunate event of dismissal for gross misconduct.
What is gross misconduct?
Gross misconduct is deemed to be a breaking of the employment contract. For a matter to be classified as gross misconduct, an employee must be fully aware that what they're doing is against company policy and is deemed by the company to be gross misconduct. This behaviour may warrant 'Summary Dismissal'.
Gross misconduct example in recent case
This point is perfectly illustrated in a recent EAT case. In the case of Christina Knowles -v- Dunnes Stores Timepiece Restaurant [UD2575/2009] the employee, who was employed for 12 years with Dunnes, was dismissed for gross misconduct for eating food on display whilst working at the hot counter. There was no evidence to suggest the employee paid for this food.
In this case, the tribunal acknowledged that the employee's behaviour of "grazing" on food was 'reprehensible'. However, the tribunal found that this behaviour didn't amount to gross misconduct in circumstances where the Cafe manager failed to ensure the implementation of the company policies. The tribunal was of the opinion that the employer should only have given a verbal or written warning in the circumstances, and as such awarded €10,000 in compensation. This illustrates how important it is for businesses to ensure:
- The policies are evenly applied to all staff members.
- The policies are formalised.
- Actions considered to be gross misconduct are detailed to employees.
- Employees are made aware of potential sanctions for gross misconduct.
Need our help?
For advice on gross misconduct from an expert, our advisors are ready to take your call any time day or night on 0818 923 923.
