EMPLOYMENT APPEALS TRIBUNAL
Harvey Norman Trading (Ireland) Limited
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr E. Murray
Members: Mr D. Hegarty
Ms. P. Doyle
heard this claim at Cork on 13th April and 30th June 2015
Claimant : Michael Doody Solicitor, Doody Solicitors, 21 South Mall, Cork
Respondent : Purdy Fitzgerald Solicitors, Kiltartan House, Forster Street, Galway
The determination of the Tribunal was as follows:
This application arises out of the dismissal of the Claimant by the Respondent from his position as a warehouse operative from their store in Little Island, Cork.
Evidence was given by the stores electrical manager who was the Claimant’s line manager. The Claimant’s role was to receive goods at the “back dock” which had been delivered by various means. His role was to receive the deliveries, check and count the items, compare the items with the purchase orders for the goods and ensure that the correct quantity of goods had been delivered. He would then have to enter these goods into the stock management computer system and place pricing stickers, which would be automatically printed by the computer on the goods.
Prior to the witness’s arrival in the store the Claimant had disciplinary issues in relation to poor performance with regard to the intake and registration of goods. He was offered help and counselling but continued to make errors in the performance of his job.
In January 2011 the Claimant received a written warning for poor performance.
In November 2012 the Claimant was counselled with regard to his poor performance.
In February 2013 he received a poor annual assessment and got further additional training.
In March 2013 he received a written warning for continued poor performance.
In July 2013 he received a final warning and a suspension of one week because of continued poor performance.
Immediately after his return to work from suspension he had difficulty again with regard to correct performance of his role.
His manager indicated that this was the final straw and on the 2nd of August 2013 a meeting was held with the Claimant at which it was decided that his employment should be terminated. This was communicated to him by letter of the 2nd of August 2013.
He was given the opportunity to appeal, which he did and he was interviewed at length by the general manager (electrical) for Ireland on the 30th of August 2013.
The result of that appeal hearing was that the dismissal was upheld.
The Claimant gave evidence that he moved from the position of sales assistant which he originally occupied to that of a stores operative for personal reasons. He wanted to be free at weekends and the sale position did not afford this.
He felt that the job was extremely hard and busy and whereas he made silly mistakes he never made those mistakes intentionally. There was a major robbery of stock from the store and the thieves entered the premises through this department. He feels that his employer’s attitude towards him changed from that time on.
He felt that he was overworked and that this was the reason for his inability to perform adequately in his position.
The Tribunal are unanimously of the view that the Respondent in this case acted fairly and reasonably in the manner in which they approached the Claimant’s difficulties with the carrying out of his role. The Tribunal are further satisfied that they afforded the Claimant fair procedures leading up to his dismissal.
Consequently the Tribunal has no option but to disallow the claim.
Sealed with the Seal of the
Employment Appeals Tribunal