Brady v Dunnes Stores Ltd

• Jurisdiction: Ireland
• Judgment Date: 23 February 1999
• Judgment citation (vLex): [1999] 2 JIEC 2301
• Date: 23 February 1999
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Brady v Dunnes Stores Ltd

Abstract:

Dismissal - Suspension pending investigation - Disciplinary procedures - Offence committed - Whether penalty disproportionate

Claimant, within a year of commencing work for the respondent was promoted to trainee manager. He had a good work record. The store had a rule that employees cannot serve friends, relations or other staff members. He claimed that he had permission to serve his mother when she was returning a crockery purchase to the store. After the transaction he was challenged by one of the store managers who claimed a discrepancy between the goods returned for exchange and those which replaced them. He was suspended pending investigation and later dismissed. The Tribunal determined that the claimant did not intend to defraud the company in the transaction even though the was a discrepancy in the total for the goods exchanged. The claimant was lacked experience for the position he...