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Tesco settles manager's unfair dismissal claim

RETAIL giant Tesco has settled an unfair-dismissal case taken by a former manager who sprayed a gel-type lubricant at a colleague during a night shift and used money from a till to pay for a taxi fare.

Adrian Brady (27), from Carrick Street, Kells, Co Meath, said yesterday that he was "very pleased to have settled" the case.

The Employment Appeals Tribunal (EAT) chair, Mark O'Connell, was informed that the two sides had settled and the claim was withdrawn.

The exact terms of the agreement have not been revealed.

Mr Brady had worked as a general assistant and duty manager for Tesco shops in Drogheda, Co Louth and Kilbarrack, north Dublin.

The tribunal had previously been informed that he had been dismissed from his post in December 2009 after being issued with two 'final written warnings' relating to separate events.

Evidence was given on an earlier date by Tesco store manager Declan Tyrell, who said Mr Brady was a good worker up until he engaged in a "bit of trickery" during a night shift in October 2008.

He was caught on CCTV spraying a €4 can of KY Jelly lubricant at a male colleague and was then issued with a "final written warning".

Representatives for Mr Brady, who had not given evidence to the tribunal before the settlement was reached, said he did not dispute the incident but would challenge the length of time that the warning should have remained on his file.

In 2009, over the June bank holiday weekend, Mr Brady was working as a duty manager in Tesco Kilbarrack.

The tribunal heard that he was issued with a second 'final written warning' for telling an employee to give him €120 in cash from a till for a taxi fare.

Mr Tyrell agreed before the tribunal that the shop was a distance from Mr Brady's home.

He also agreed that company policy allowed for employees to use taxis when no other transport was available.

The tribunal was informed that Mr Brady provided the taxi receipts for the money and he had understood he had been given permission to take the taxis.

Tesco declined to comment last night.

Irish Independent