Simoa De Morais v TJN Ltd and C-Town Ltd

• Jurisdiction: Ireland
• Judgment Date: 06 April 2016
• Judgment citation (vLex): [2016] 4 JIEC 0604
• Docket Number: UD1708/2014
• Date: 06 April 2016
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. UD1708/2014

CLAIM(S) OF:

Edson Simoa De Morais

Claimant

and

TJN Limited And C-Town Limited T/A Nestors Supervalu

Respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms C. Egan B.L.

Members: Mr. D. Morrison

Ms H. Henry

heard this claim at Galway on 6th April 2016

The determination of the Tribunal was as follows:-

Background:

1 The claimant was employed as a General Assistant from the 7^th August 2013 in the respondent's supermarket until his dismissal for gross misconduct on the 17^th October 2014. An incident occurred on Saturday the 11^th October 2014 when the claimant took a discarded product destined for waste without following company procedure regarding the payment for same. The value of the product in question was €2-€3. The claimant removed the product from a "combi" in the back yard, asked a colleague in the deli to cook it for him and proceeded, half an hour later, to leave the store with the unpaid item to consume it outside.

2 On Monday the 13^th October 2014 the claimant was called to a meeting and suspended with pay pending investigation. A second meeting took place on the 15^th October 2014. At a third meeting held on the 17^th October 2014 the claimant was dismissed for gross misconduct. He was given the right to appeal the decision to the General Manager (GO).

3 On the 18^th October 2014 the claimant wrote to GO outlining his reasons for appealing the decision to dismiss him. The appeal hearing was held on the 22^nd October 2014. A second appeal hearing was held on the 24^th October 2014. The decision to dismiss the claimant was upheld.

4 Note: It should be noted the General Manager (GO) was the only witness present to give sworn evidence on behalf of the respondent. The two Managers (LC and COB) and the note taker at the meetings (LF) were unavailable on the day of the hearing to give sworn evidence.

Respondent's Case:

5 The General Manager (GO) who chaired the appeal hearing into this matter gave evidence. He received the claimant's letter to appeal the decision to dismiss him for gross misconduct. The staff handbook relating to the company purchasing policy was opened to the claimant which he, the claimant, had received and signed for on the 7^th August 2013.

6 GO told the Tribunal that the claimant did attend the appeal hearing alone, albeit he had been offered representation to attend at this and all...