FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PIZZA HUT (REPRESENTED BY PENINSULA BUSINESS SERVICES LIMITED) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Appeal against the Rights Commissioners Recommendation IR826/99CW
BACKGROUND:
2. The Company maintains that the worker was dismissed because he had given free food to customers, including his brother, on the 13th of September, 1999. The allegation was made by a customer, who gave details to the Company. The Company also alleges that the worker did not fill in order dockets or the 'wastage book' properly. The worker was suspended pending an investigation. The investigation took place on the 17th of September, and there were further interviews with staff on the 20th of September. The worker was informed by letter on the 22nd of September that he was dismissed. The worker denies the allegation, and believes that he was unfairly dismissed. He referred his case to a Rights Commissioner, whose recommendation is as follows:-
"I recommend that the Company offers and the worker accepts an appropriate reference and £500 in settlement of this dispute."
(The worker was named in the above recommendation)
Both parties appealed the recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969, the worker on the 18th of January, 2000 and the Company on the 27th of January, 2000. A Labour Court hearing took place on the 29th of March, 2000.
UNION'S ARGUMENTS:
3. 1. The worker did not give free food to any customer. He did give a second portion of chips to his brother, but only because the first portion was cold. He would have done the same for any customer.
2. The worker used the 'wastage book' as much as the rest of the staff. On the 13th of September, he informed the manager on his shift that the cash was short by £24.58.
3. The reason for the dismissal was trivial. The worker was unemployed for 2 months as a result of the dismissal.
COMPANY'S ARGUMENTS:
4. 1. The worker initially denied giving a second portion of chips to his brother but later admitted that he had done so. The customer who made the allegation is sure that the worker gave out free food to other customers.
2. The worker had previously recorded items in the 'wastage book' and knew what to do.
3. The Company adopted a fair and reasonable procedure in the investigation and concluded that the worker should be dismissed.
DECISION:
The Court notes that the employer did not attend the hearing before the Rights Commissioner. In consequence, the submissions and information provided by the employer were not before the Rights Commissioner.
On the basis of the information now provided, the Court accepts that the disciplinary procedures followed by the employer were adequate. However, the Court notes that the grounds for dismissal relied upon by the Company in its letter to the claimant, dated the 22nd of September, 1999, refer only to an alleged failure to properly process an order docket. At the hearing of the appeal, the employer relied on an alleged incident of dishonesty to justify the dismissal.
The Court does not accept that the complaint of dishonesty, referred to at the hearing, has been established. This appears to have been previously accepted by the employer who relied on less serious grounds in effecting the dismissal originally.
Even if the lesser complaint made against the claimant was sustained it would not, in the Court's view, have warranted dismissal. In these circumstances, the Court is satisfied that the claimant was unfairly dismissed.
The Court considers that the compensation recommended by the Rights Commissioner is appropriate. The Court upholds the recommendation of the Rights Commissioner. The appeal and cross appeal are disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
9th May, 2000______________________
con/conDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.