Sweets giant to pay €29k to pair sacked over Tic Tac recipe row

Two “sweet-makers” sacked by sweet giant Ferrero and accused of changing the recipe on a batch of mints have been awarded a five-figure sum each.

Like something from a scene from Willie Wonka and the Chocolate Factory, Italian sweet giant Ferrero sacked Declan Cotter and Lisa Ryan-O’Connor in 2010 for “gross misconduct” concerning a change to the recipe on a batch of Tic Tacs.

However, the Employment Appeals Tribunal found that the two were “unfairly dismissed” by the firm.

As a result, the EAT has ordered Ferrero to pay €19,000 to Mr Cotter and €10,000 to Ms Ryan- O’Connor.

Siptu organiser John Cooney yesterday said the action by Ferrero in sacking the two was “petty”.

He said: “It was an absolutely ridiculous case and the company has lost a lot of goodwill from the membership who work for Ferrero over how they treated these two workers.

“The tribunal may have found in the workers’ favour, but they lost their jobs over this and have to make a new life for themselves.

“It is good to get some award, but the workers would have much preferred to have held onto their jobs. The award in no way compensates for the loss of their jobs.”

Ferrero also produces Ferrero Rocher and Kinder chocolates and last year globally recorded revenues of €8.1bn.

It has produced Tic Tacs since 1969, and the Cork plant, where 238 work, is profitable, recording pre-tax profits of €2.3m on revenues of €47.9m in 2012.

Both were long-term employees, with Ms Ryan-O’Connor starting work in November 1998 and Mr Cotter in September 1999.

Ferrero claimed that, on June 16, 2010, the two changed a sweet recipe and this had represented a breach of procedure. Ferrero told the EAT that “trust was vital in food production”.

However, Ms Ryan- O’Connor and Mr Cotter argued to the EAT that they had not knowingly changed the recipe and had merely participated in maintaining the normal and expected level of production and that there had been no abnormality to lead to a potential recall of product.

The two argued that the incident in question would never have occurred if Ferrero’s equipment had been working properly.

The two were appealing a Rights Commissioner ruling that upheld Ferrero’s decision to sack the two.

The EAT found that both were unfairly dismissed.

A spokeswoman for Ferrero Ireland declined to comment.