Posted: July 4th, 2018
A retailer has been ordered to pay a shop assistant €7,000 in unfair dismissal compensation after she was sacked for selling a bottle of beer to a customer on Good Friday of 2017.
the Workplace Relations Commission (WRC) found that she was unfairly dismissed and that her complaint for unfair dismissal ‘is well founded’. The woman said that she made an honest mistake in selling the bottle of beer on April 14th 2017 but her bosses terminated her employment for gross misconduct. The retailer countered that it could have been in significant trouble for the sale of alcohol on a prohibited day, including a possible temporary closure order being applied to the premises.
The woman told the WRC hearing that she believed that there were no reasonable grounds for her termination. She arguedthat it was not fair as her employer had not issued a reminder to staff not to sell alcohol on the day and that the effort to cordon off the alcohol was obviously insufficient to prevent customers who wanted to purchase alcohol.
Additionally she pointed out that the cash tills were not set up to prevent the sale like it does on other times when this was the case.
The hearing was told that the woman felt that the sanction of dismissal for selling a bottle of beer was completely disproportionate. She disputed that she knowingly sold the bottle of beer to the customer. Furthermore, she stated that her former employer did not adhere with standard procedures in dismissing her from her position.
The retailer advised the hearing that the store manager became aware that there had been a sale of beer on Good Friday and having looked over the CCTV was able to see that the sales assistant was responsible for the sale.
In his findings, WRC Adjudication Officer, James Kelly stated that the worker should have been more careful.
He said: “The sale of one bottle of beer appears minor in isolation however, the possibility of the consequences on the business, with the possible temporary closure should it have been reported and prosecuted are significant. Accordingly, I find that the actions of the respondent were within the range of reasonable responses open to it and that substantial grounds did exist to justify the complainant’s dismissal.”