An employer learned a costly lesson that mitigation should not be ignored when considering a disciplinary sanction. As part of an internal review of a stock shortfall, the respondent’s operations manager decided to examine CCTV footage of the sales desk. The claimant was observed on CCTV taking a large hotdog and a packet of wine gums without paying the correct price. Staff were entitled to a 40% discount on purchases however the claimant had recorded a price for a regular hotdog and a packet of maltesers as opposed to the large hotdog and wine gums that were actually taken. The difference in price, taking into account the discount, was approximately €1.

The respondent had a Staff Discount policy in