Monday 24 June 2019

Tesco ordered to pay €4,000 to worker fired after taking wine


Stock photo: PA
Stock photo: PA

Gordon Deegan

Tesco sacked a worker after she admitted taking a bottle of wine valued at less than €20 and not paying for it.

Ann Faherty was dismissed by Tesco Ireland on March 29, 2016, arising from an incident on January 13, 2016, when Ms Faherty was intercepted by a security officer after she left the store at the end of her shift.

Ms Faherty had a bottle of wine in her bag, but maintained that she had forgotten to pay for it.

Now, Ms Faherty has successfully sued for unfair dismissal at the Labour Court after the court found that the decision to dismiss her "was tainted with procedural unfairness".

However, the Labour Court found that Ms Faherty contributed substantially to her own dismissal.

This was taken into account in measuring the quantum of compensation, with Tesco Ireland ordered to pay Ms Faherty €4,000.

The Labour Court ruling upholds an earlier ruling at the Workplace Relations Commission, which Tesco Ireland had appealed.

Tesco said it had dismissed Ms Faherty for breach of its Honesty policy and its Staff Purchase policy, and because the bond of trust between employee and employer had broken down.

But the Labour Court noted that at no stage of the investigative or disciplinary process was she supplied with a copy of Tesco's Honesty or Staff Purchase policies which she was contended to have breached.

Irish Independent

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