In this case, the claimant employee was dismissed for taking a dishonest discount in relation to the purchase of a large hotdog and packet of wine gums. He signed a receipt listing cheaper items, and after the difference, he benefited to the value of roughly €1.00.

The respondent company did have a policy which stated that an employee availing of the staff discount must ensure the goods received match what is on the receipt. The company viewed this breach of policy as gross misconduct justifying dismissal. However, while the employee was aware of the policy, he was unaware of the serious implications for its breach and had never received a copy of the policy.

The Employment Appeals Tribunal (the “EAT”) determined that the claimant was unfairly dismissed. It found that whether an honest mistake had occurred was not considered. In light of this, it was unreasonable to conclude this was an incident of gross misconduct and there was a lack of fair procedures in this regard. The EAT awarded the claimant €20,000.

This case highlights the importance of proportionality and fair procedures in making a decision to dismiss an employee, particularly where the employee admits wrongdoing. It is very clear that where fair procedures have not been applied in dismissing an employee, then the dismissal itself will likely be considered unfair.