FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNNES STORES - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Alleged unfair dismissal.
BACKGROUND:
2. The Worker was employed by Dunnes Stores at the Forte Shopping Centre Letterkenny on a 6 month work contract. While working at the delicatessen counter the Worker was caught on camera consuming a chicken roll, when confronted, some time later he admitted to Management that he had failed to pay for the roll due to an oversight on his behalf. The Worker was summarily dismissed in front of a colleague and subsequently refused a reference.
On the 2nd July, 2007 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Company confirmed to the Court that it would not be represented at the hearing. A Labour Court hearing took place on the 21st November, 2007.
The Worker agreed to be bound by the Court's Recommendation.
WORKER'S ARGUMENTS:
3. 1.There was never any intention not to pay for the food, he just forgot to pay at the time.
2. Being dismissed without the opportunity to appeal the decision in front of a colleague was very degrading.
RECOMMENDATION:
The Company failed to attend the hearing but did communicate with the Court in writing.
The Court notes that the Claimant admitted taking a small amount of food from the Company without paying. The Claimant told the Court that he had intended to pay for the food (the value of which he estimated at €1.50) but had forgotten to do so.
The Court does not condone the Claimant's conduct in that regard. However, there was an inordinate delay in raising the matter with the Claimant and it appears from the information before the Court that he was not given a full opportunity to make representations on his own behalf before the decision was taken to terminate his employment.
For these reasons the Court believes that the dismissal was unfair. Having regard to all the circumstances the Court recommends that the Company pay the Claimant one week's wages in settlement of his claim.
Signed on behalf of the Labour Court
Kevin Duffy
14th December, 2007.______________________
JF.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.