In this recent Irish determination the Tribunal decided that the claimant’s misconduct did not warrant dismissal and the fault lay with the employer's investigation process and failure to revise their approach in the face of evidence from the claimant.
The claimant was employed as a cashier and had signed a 'Cashier’s Agreement'. Failure to follow the procedure is considered a serious matter by the employer and can result in disciplinary action. The employee was investigated by the respondent due to a mystery shopper complaint. The general manager looked at CCTV and saw breaches of the Cashier’s Agreement. The employee was suspended with pay pending an investigation. At an investigatory meeting on 24 February 2011 the claimant admitted breaching the Cashier’s Agreement by taking a float of €600 without signing for it. The general manager did not provide the claimant a copy of the CCTV footage because she felt that it was not relevant as the claimant acknowledged the breaches. Following the investigatory meeting the general manager referred the matter to a second general manager for disciplinary action. The second general manager decided that the claimant should be dismissed.
The EAT found that, "In the second general manager’s opinion there are no minor breaches of the Cashier’s Agreement. She did consider other sanctions." The EAT continued: "It seems to the Tribunal that when a large unexplained surplus of funds was discovered in the Claimant’s till the tenor of the investigation changed from routine monitoring to an enquiry into a potentially serious fraud. When an innocent and reasonable explanation for the surplus was forthcoming the Respondent did not reduce the intensity of the investigation."
The Tribunal found that the actions of the claimant, while amounting to breaches of the Cashier’s Agreement, did not amount to misconduct worthy of dismissal. The claimant was awarded the sum of €17,500.00 under the Unfair Dismissals Acts 1977 to 2007. http://bit.ly/Z8gHpd
Note: EAT case determinations are now being listed anonymously.
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial
