The Labour Court reduced a worker’s disciplinary warning to a Stage 1 verbal warning after allowing her appeal in part. It varied the Rights Commissioner’s recommendation in a decision signed on 27 May 2008.
Marks & Spencer’s Ireland Ltd had issued the worker a Stage 3 warning after finding she breached its staff discount policy by using a co-worker’s discount card. The warning barred her from applying for promotion, transfer or a pay review while it remained in place. She also missed a €750 staff bonus in July 2007 because of the warning. Mandate Trade Union argued the sanction was disproportionate; the company said the breach damaged trust.
The Court found no suggestion of dishonesty or an attempt to defraud the company, and said the worker gained no benefit from what it called a technical breach. It concluded a Stage 1 verbal warning was adequate. The Court changed the sanction; it did not award the missed bonus.