Stolen brandy accusations net €40k for store worker

A man has been awarded almost €40,000 in compensation for unfair dismissal after he was accused of stealing two cases of brandy.

As well as checking deliveries, the man, who was employed at the Tipperary store for 22 years, had the further task of dispatching goods to the family owners’ premises and to a mini-market.

The incident happened on Mar 15, 2010. The manager of one of the company’s stores and a “sleeping director” of the company’s operations was referred to by the tribunal as “DOC”. He gave evidence of seeing the claimant coming out of a shop entrance with two unopened cases of brandy.

He said the claimant saw DOC and went “a bit pale”. DOC said he was about 6ft away.

DOC said he asked an employee why the claimant had taken the two cases of brandy out the door. That employee was busy but later phoned DOC and said it had been two cases of beer.

However, DOC told the tribunal he was 58, had 40 years’ experience, and that it was brandy. He said he would not have mistaken the product from 30 yards, let alone 6ft. He estimated the brandy was worth €700 and that the beer would only have been worth €30.

He said he told another employee, a manager at the shopping centre referred to as “JMcC”, that he had seen two cases of the brandy going out the door. JMcC said five cases had come in and the claimant had put one away. Therefore, four cases should still be there. He said there were only two.

DOC spoke to his brother “ROC”, a manager, who said he would speak to the claimant. DOC confirmed the claimant’s car was checked and nothing was found.

ROC said he questioned the claimant but got little feedback. He also said the company was two cases short of brandy without any explanation.

The claimant said there had been an issue between himself and ROC a week prior to the incident. He said ROC told him he was taking a cut in hours and pay, and, when he sought a sit-down meeting, ROC abused him and told him to go to work.

As regards the incident, he said he picked up two cases of beer to bring them to the company’s mini-mart and that he had pointed them out to both DOC and others in the company’s warehouse after the accusations regarding the brandy were made. The claimant was interviewed by gardaí but no prosecution followed.

The tribunal said the dismissal decision was “clearly biased”.

It found the claimant was unfairly dismissed and awarded him compensation of €39,600, the equivalent of 90 weeks’ gross pay.

The company has since gone into liquidation.