The Workplace Relations Commission awarded a store assistant €15,000 for unfair dismissal and €2,538 in minimum notice pay after finding serious flaws in the disciplinary process. The decision was dated 8 August 2017.
The retail company said it dismissed the assistant for gross misconduct involving clearance pricing and till transactions. She challenged the investigation, citing mismatched receipts and CCTV footage, insufficient notice of the allegations and the handling of her appeal.
The officer found that managers involved in the assistant’s earlier grievances took part in her suspension and disciplinary process. She had not been told the specific allegations before an investigation meeting, receipts had been matched to the wrong footage, and the company had no clear written procedure for reducing prices. The officer also found that although the assistant appealed outside the five-day limit, accepting the appeal would not have prejudiced the company.
The unfair dismissal and minimum notice complaints were upheld. The assistant’s employment equality and workplace health and safety complaints were withdrawn.