Tesco unfair dismissal

The Employment Appeals Tribunal (EAT) has found that the Irish arm of supermarket giant Tesco unfairly dismissed a lung cancer victim.

Mary Adeniyi had worked with Tesco since 2004, but fell ill in October 2010 and three months later was diagnosed with lung cancer.

Ms Adeniyi was on sick leave, but told the EAT hearing that she always intended to return to work and was shocked when she was dismissed.

The EAT stated it was satisfied that Ms Adeniyi satisfied her obligation under the company policy to keep Tesco informed of her health status.

The EAT stated Tesco’s main failing was that it did not afford Ms Adeniyi a right of appeal from their decision to terminate her employment and found she was unfairly dismissed awarding her €1,800.