Ikea told to pay sacked worker €30,000 over €1.25 milkshake
It follows an Employment Appeals Tribunal ordering Ikea Ireland pay €30,000 to Ian Fortune after it ruled he was unfairly dismissed from the Ballymun-based outlet.
Ikea employees are entitled to drink tea, coffee and drinks from the soda fountain free of charge.
However, Mr Fortune was suspended after he had not purchased a company token for his milkshake. The action was treated as ‘gross misconduct’ and Mr Fortune was dismissed.
He failed to turn up for an investigation and disciplinary meeting as he had been on a pre-booked holiday in France and had not received any notification of the hearings.
In its ruling, the tribunal stated it was not satisfied the matter amounted to a “substantial ground justifying the dismissal”.
Mr Fortune had worked with Ikea since May 2009 until his dismissal in October 2014.
In the case, a bistro manager said he witnessed Mr Fortune and others consuming milkshakes after their shift. He asked them if they planned on paying and noted he had received “inaudible responses”. The next day, he checked the security cameras.
At the beginning of employment, Ikea employees are notified what items can be taken for free. In cross-examination at the tribunal, the bistro manager said the other employees drinking milkshakes were queried and gave statements. No disciplinary action was taken against them.
A HR manager said a misconduct protocol indicated theft in any form was considered gross misconduct.
She would have delayed the disciplinary process had she known Mr Fortune was going on holidays. A food manager conducted the disciplinary meeting and concluded dismissal was warranted.
Mr Fortune did not appeal his dismissal internally as he had no faith in the company’s process after being dismissed while on holidays.
He did not dispute he took the milkshake and contended at the tribunal it was an honest mistake.
When queried, he asked the line manager ‘do you want me to pay for them?’. He said the manager kept walking and presumed there was no issue.
In its determination, the tribunal stated it cannot be satisfied Mr Fortune was aware of the disciplinary meeting as documentary evidence showed he was out of the country.
The tribunal said it recognised retail outlets are entitled to have their cash and stock protected and to apply strict rules for control. “However, in the present case tea, coffee and ‘soft drinks from the soda fountain’ are free. Ikea argued that milkshakes were in a different category.
“The line manager commented ‘shall I assume they’re all paid for?’ and that the response was inaudible. Mr Fortune responded ‘do you want me to pay for them?’ and said he did not get a reply.”
The tribunal ruled a €30,000 award would be “just and equitable”. Mr Fortune said: “I am pleased with the outcome. I am now setting up my own business and moving on with my life.”
Ikea Dublin store manager Marsha Smith said yesterday: “We are disappointed with the outcome of the tribunal. However, the ruling of the tribunal has been made and we are in process of reviewing the findings.”
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