INDUSTRIAL NEWS
Tesco told to reinstate worker AT A significant cost to Tesco Ireland the Employment Appeals Tribunal has ordered the retailer to re-instate a worker dismissed more than two years ago over an alleged “breach” of its privilege card policy. The move follows two hearings held in July and November last year. In its decision, the Tribunal found that Dominic Shiels, who worked at the supermarket in Clarehall, was unfairly dismissed and cited numerous failings by Tesco during the course of an investigation and appeals process. In its determination, the EAT stated that there was “no fact in finding to justify” the company’s assertions that Mr Shiel’s continuously altered his version of events during the investigation. The Tribunal relied on three principal points when reaching its decision – “the unreliability of
documents relating to the privilege card, the lack of warning and improper procedure”. It accepted that Mr Shiels “honestly understood that his use of the privilege card in December 2010 was not prohibited”. It claimed the “various documents outlining the use, misuse, transfer and all rules relating to the privilege card are ambiguous at least and do not set out with adequate accuracy the rules relating to the use of the card”. Mr Shiels, had worked for Tesco Ireland since 2004, was checkout manager at the time of his dismissal. Despite his unblemished record he was dismissed by the company on the January 12, 2011 for what it described as a “breach of the privilege card policy”. Mr Shiels appealed the decision in accordance with the
company/union appeal process through his trade union representative Brendan O’Hanlon. However, the company upheld the dismissal, leaving Mr Shiels with no
‘My union and my local rep supported me and were with me all the way throughout the case’
option but to refer the matter to the Tribunal. During cross-examination, the appeals manager stated in evidence that he saw no difference between alleged “misuse or abuse” of the
card, before going on to say that he had not dismissed an employee in another store for a similar breach. The Tribunal flagged up this point and referred to Mr Shiels being “treated differently to other employees without any apparent reason”. Mr Shiels in sworn evidence told the Tribunal that he could have made “an honest mistake” in the use of his privilege card during certain transactions. He added that there was no intention on his part to deceive the respondent and added that he might have misinterpreted the privilege card rules. Commenting on the decision Mr O’Hanlon said he was “delighted” for Mr Shiels, who had taken the “brave decision to challenge the injustice carried out against him”. He told Shopfloor: “It is clear from the Tribunal’s decision that the com-
pany had not acted reasonably. “Notwithstanding the fact that Mr Shiels will have all his entitlements – including his pay, annual leave and bonuses etc – backdated to his date of dismissal, the stress of having no job and having to make ends meet for over two years is an enormous burden and extremely stressful on any employee. “This is a burden and stress which the Unfair Dismissals Act does not legislate for.” Expressing his gratitude “for all the help I got from the union and my local representatives”, Mr Shiels added: “They supported me and were with me all the way throughout the case. “I am delighted with the Tribunal’s decision and I’m really looking forward to returning to work and getting my life back on track after a long two years.”
www.fairshop.ie 28
SHOPFLOOR
y March 2013