The appellant company sought to appeal of the AO’s decision in accordance with Section 8A of the Unfair Dismissals Acts 1977 to 2015. The complainant submitted a complaint against the appellant under the Unfair Dismissals Act, 1977. The AO concluded that the complainant had been unfairly dismissed and awarded her €4,000 in compensation.

In January 2016, the complainant was stopped by a security guard leaving the store. She had left with a bottle of wine in her bag which she had not paid for. The complainant maintained that she had forgotten to pay for the bottle as opposed to stealing it. Following an investigative, disciplinary and appeal process the complainant was dismissed on the 29th March 2016 for breach of the company honesty policy, breach of staff purchases policy, and on the basis that the bond of trust had broken down.

The appellant said it was clear the complainant had failed to pay for the product. The complainant admitted she had forgotten to pay as she was upset having met an acquaintance instore who had suffered a bereavement. Having listened to the details of the incident, the appellant’s compliance manager, Ms AC, placed the complainant on paid suspension pending an investigation. The complainant attended the meeting alongside her trade union representative.

Subsequently, a disciplinary hearing was held on the 5th of February. The appellant ultimately issued a decision to dismiss the complainant, submitting the bond of trust between employer and employee had been severed and that the company had no choice but to dismiss her. It maintained the complainant was afforded natural justice and fair procedures at all stages of the process. 
Arriving at its decision, the Court noted that the complainant was not, at any stage of the investigative or disciplinary process, supplied with a copy of the honesty or staff purchase policies which she was alleged to have breached. The Court also made reference to a lack of clarity around the relevant policy provisions by the manager who acted as the appeals person. The Court concluded that the decision to dismiss the complainant was tainted with procedural unfairness. However, it was also satisfied that the complainant, by her conduct, contributed to her dismissal.

The Court denied the respondent’s appeal and ordered it to pay €4,000.00 compensation.
https://www.workplacerelations.ie/en/Cases/2018/December/UDD1866.html