Musgrave Operating Partner Ltd Supervalu (Represented by Irish Business and Employers’ Confederation) v Olwale Noah Olade O'Noah

• Jurisdiction: Ireland
• Judgment Date: 13 December 2022
• Judgment citation (vLex): [2022] 12 JIEC 1303
• Docket Number: FULL RECOMMENDATION ADJ-00031351 CA-00041628-001 DETERMINATION NO. UDD2273 SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015
• Court: Labour Court (Ireland)

PARTIES:

Musgrave Operating Partner Limited Supervalu (Represented by Irish Business and Employers’ Confederation)

and

Olwale Noah Olade O'Noah

FULL RECOMMENDATION

UD/22/60

ADJ-00031351 CA-00041628-001

DETERMINATION NO. UDD2273

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

Full Court

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Mr Marie

Worker Member: Ms Treacy

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No. ADJ-00031351 CA-00041628-001

BACKGROUND:

2 2. The Worker appealed the Decision of the Adjudication Officerto the Labour Court on 26 April 2022 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 30 November 2022. The following is the Determination of the Court:-

DETERMINATION:

3 This is an appeal by Olwale Noah Olade o' Noah (hereafter the Complainant) against an Adjudication Officer's Decision ADJ-00031351 given under the Unfair Dismissals Act 1977 to 2015 (the Acts) in a claim that he was unfairly dismissed by his former employer Musgrave Operating Partner Limited Supervalu (hereafter the Respondent). The Adjudication Officer found that the decision to dismiss was not unfair and that the complaint failed.

Background

4 The Complainant was dismissed for gross misconduct on the 3 ^rd July 2020. At time of dismissal his hourly rate was €14.67, and he worked a 35-hour week. The Complainant submits that the dismissal was unfair

Summary of Respondent's case

5 The Complainant commenced employment with the Respondent on the 20 ^th October 2008 as a sales assistant. The Respondent gives all employees a ‘Real Reward Card’ which allows them avail of a discount (10%) on any purchase in the Respondent's store. There are restrictions in terms of the use of the card and allowing other people to use the card. These restrictions are contained in the ‘Real Reward Policy’ which is given to all staff and on a yearly basis staff are reminded of the terms and conditions attaching to the ‘Real Reward Card’.

6 In May 2020 an issue arose in respect of the Complainant's card, a meeting was arranged, and the Complainant was accompanied at the meeting. At the meeting the Complainant confirmed he had given his card to someone who was not a family member of part of his household. The Complainant was advised at that meeting that there could be an investigation arising from what he had confirmed at the meeting.

7 On the 12 ^th June 2020 the Complainant was suspended from work on full pay pending an investigation into alleged gross misconduct by “ failing to observe the exact full procedures of the Real Reward Card...