An Employee v An Employer [2013] IREAT UD1454/2011

In this recent Irish determination the Tribunal decided that the claimant’s misconduct did not warrant dismissal and the fault lay with the employer's investigation process and failure to revise their approach in the face of evidence from the claimant.

The claimant was employed as a cashier and had signed a 'Cashier’s Agreement'. Failure to follow the procedure is considered a serious matter by the employer and can result in disciplinary action. The employee was investigated by the respondent due to a mystery shopper complaint. The general manager looked at CCTV and saw breaches of the Cashier’s Agreement. The employee was suspended with pay pending an investigation. At an investigatory