Unfairly fired chicken factory worker gets €50k

A CHICKEN factory worker from Co Mayo has been awarded more than €50,000 after being wrongfully dismissed from his job amid claims that he had improperly given out painkillers to other workers.

The Employment Appeals Tribunal (EAT) dismissed an appeal by Western Brand Chickens of Ballyhaunis, Co Mayo, against a ruling by a rights commissioner that the company had unfairly sacked one of its employees, Noel Conroy. The EAT ruled that the company’s procedures in dismissing Mr Conroy were “entirely unfair and unreasonable”.

The financial controller of Western Brand Chickens claimed Mr Conroy of Larganboy East, Ballyhaunis, Co Mayo, was fired for a number of irregularities, including misuse of petty cash, the improper use of medication in the workplace and theft.

The accountant claimed in February 2006 that Mr Conroy was giving out large quantities of Panadol to other workers and believed such action represented a disciplinary matter.

He also claimed that Mr Conroy had purchased ink cartridges worth about €70 for his own personal use, which was not paid for until after he was suspended. The tribunal heard that the company believed the issue constituted theft.

However, he was forced to concede that he was unaware that Mr Conroy had an arrangement with another worker in the accounts department for the payment of such cartridges.

The financial controller also accepted that Mr Conroy was not given any formal notice that he was facing a disciplinary hearing. Western Brand Chickens admitted that it had no appeal system for him.

Mr Conroy, who had worked with the company for 12 years said his job included first-aid duties and to buy items from petty cash on occasions. He admitted dispensing painkillers to other workers over a long period but said he had never been told not to do so.

The tribunal heard that Mr Conroy was dismissed with immediate effect at a meeting three weeks after he had first been made aware that there was any problem with his conduct.

The EAT said it was clear from the evidence that Mr Conroy had carried out his duties in the same manner for a long number of years and said it was not satisfied that he had been made aware of any change of company policy or given different instructions before the incidents that led to his dismissal.

The tribunal said it was also not satisfied that Mr Conroy had been notified of new procedures in relation to petty cash.

It also fully accepted Mr Conroy’s evidence about the ink cartridges and ruled that it was clear that he had no intention of defrauding the company.

Western Brand Chicken was ordered to pay Mr Conroy compensation totalling €51,184.