ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003577
Complaint(s)/Dispute(s) for Resolution:
Date of Adjudication Hearing: 15/09/2016
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Acts, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
CA-00005206-001: The complainant submits that he was dismissed from his employment unfairly on both substantive and procedural grounds. He worked for the respondent in the period 2008 until the 26th of January 2016. His employment record was exemplary. His dismissal arose as a result of a review of video footage. It was common and acknowledged practice to balance the tills from small sales. He had been so instructed in the past. The supervisor and manager were aware of the practice. The complainant was dismissed for having used the practice. The procedure used was flawed and breached the respondent’s own rules. He was obliged to take statutory annual leave during an alleged period of suspension with pay during the process.
CA-00005206-002: The complaint was withdrawn at hearing.
CA-00005206-001: Based on the uncontested evidence adduced at hearing I find that the complaint is well founded. The appropriate remedy in all the circumstances is one of compensation in the amount of €7,500 (say seven thousand five hundred euro).
Dated: 26th January 2017