M&S won't appeal award to manager in dismissal
Published 15/01/2014 | 02:30
MARKS & Spencer Ireland has asked a judge to strike out its appeal against a compensation award to a sales manager whom the Employment Appeals Tribunal found it had sacked unfairly.
Judge Jacqueline Linnane heard in the Circuit Civil Court that shop manager Salma Ayoubi, who was dismissed for giving a customer €30 too much in change, had offered to repay the loss to save her job.
Barrister Eamon Marray told the court that Ms Ayoubi, of Blackbird Cottage, Pass of Kilbride, Miltownpass, Co Westmeath, had discovered and reported her error within an hour. She apologised for her admitted mistake and offered to repay the company's loss.
Ms Ayoubi had also said she was willing to accept demotion as punishment. Mr Marray said the error happened in January 2012 and within a month she had been dismissed for "gross misconduct".
The Employment Appeals Tribunal found she had been unfairly dismissed and awarded her €17,500 compensation.
Conor Power, counsel for Marks & Spencer, said two vital witnesses had been unable to attend the tribunal hearing.
The company was appealing its finding on the basis that the tribunal had not heard the full story and that Ms Ayoubi had been on a final warning relating to an earlier matter.
Ms Ayoubi had claimed she was unfairly dismissed from her job as a section manager of the Liffey Valley store over what the retailer said was a breach of the company's till procedure.
The tribunal heard she had a good employment record with the company.
Judge Linnane said she had read the correspondence in the case and could not find any reference by Marks & Spencer to Ms Ayoubi being dismissed for anything other than a mistake at the till, from which she had gained no benefit.
Following a brief recess, Mr Power told the judge the matter had been resolved and the court could strike out the appeal with an order for costs in favour of Ms Ayoubi to be taxed in default of agreement.
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