Dunnes staffer loses dismissal award

A Dunnes Stores deli assistant, who was sacked after admitting she had eaten chicken wings and goujons without paying for them, has lost the €8,000 compensation the Employment Appeals Tribunal awarded her for unfair dismissal.

Judge Jacqueline Linnane in the Circuit Civil Court yesterday told barrister Marcus Dowling, counsel for Dunnes, there were substantial grounds justifying the company’s “fair decision” to dismiss her, along with seven other members of staff.

The judge overturned the tribunal’s finding and dismissed a claim by Karen Deegan who, in a cross-appeal, had asked the court to increase her compensation award. The EAT had found that while she had contributed substantially to her own downfall in the loss of her job at the Knocknacarra, Galway, branch of Dunnes in October 2011, she had still been unfairly dismissed

Ms Deegan was sacked from her job as delicatessen assistant after she was caught on a concealed camera eating about €10 worth of chicken wings and goujons over several days in October 2011. However, when called before management she had admitted having done so for more than a year.

Store manager Ken Teehan told the court he had a camera installed after a whistleblower told Dunnes Store head office that staffers were eating from the hot food section without paying. He considered it a serious breach of company policy which had been specifically outlined to all employees when inducted and afterwards in refresher courses.

Judge Linnane, awarding costs against Ms Deegan, noted that Dunnes Stores would not pursue costs if the matter was not appealed further.