Latest in Employment Law>Case Law>Employee v Employer [2013]
Employee v Employer [2013]
Published on: 10/01/2014
Issues Covered: Dismissal
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Background

The claimant was a manager at a fast food branch. A policy was in place regarding consumption of food for employees. It stated:

'Staff food must be consumed by you on the premises, in the designated staff dining area…A manager must ring in your staff food prior to you leaving for the floor.'

The claimant was observed on CCTV giving out free food. The area manager looked at the till receipts for the period and confirmed the food had not been rung through the till. The employee was called to a meeting without advance notice and was allegedly encouraged to resign as "it's the best way."

Although there was some dispute about the words used and whether the employee was being forced to resign, the EAT found in favour of the claimant. The failure to follow procedures removed any chance for the employer in the eyes of the EAT:

"The Tribunal find that the respondent did not adhere to any procedures during this process and did not follow the laws of natural justice; hence the claim for unfair dismissal must succeed."

The EAT awarded €22,716 in compensation:
http://www.workplacerelations.ie/en/Cases/2013/November/UD134_2012.html

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 10/01/2014
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