Lidl manager sacked for buying baked goods at discount awarded €21k

Manager purchased €7.20 of baked goods at a knock-down 40 cent 25 minutes before close of business, Workplace Relations Commission heard

WRC found there was little consideration of manager's explanation for breach of the procedures or evidence from other witnesses of the lack of clarity in the Lidl discounting practice of baked goods. Picture: Leah Farrell / RollingNews.ie

The Irish arm of German discount giant Lidl sacked a manager after he purchased €7.20 of baked goods at a knock-down 40 cent 25 minutes before close of business.

Now, Workplace Relations Commission adjudicator, Davnet O’Driscoll has found Arkadiusz Grzyb was unfairly dismissed and has ordered Lidl Ireland Gmbh to pay Mr Grzyb €21,211 in compensation.

In her findings, Ms O’Driscoll found the sanction of dismissal of Mr Grzyb for the fundamental breach of trust "does not come within the band of reasonable responses and was disproportionate”.

Ms O’Driscoll found there was little consideration of Mr Gryzb's explanation for breach of the procedures or evidence from other witnesses of the lack of clarity in the Lidl discounting practice of baked goods.

She also found there was little consideration of Mr Grzyb’s good service and the low value of the bakery goods involved at the end of the day.

Mr Grzyb was dismissed on March 15, 2021, arising from incidents that took place on October 26 and 28, 2020, when he was manager on duty.

Lidl found Mr Gryzb guilty of gross misconduct for alleged theft due to non-adherence to cash management procedures, write off management, and inventory control following an investigation.

The company has a “waste not” policy whereby foods at their best before date but which were still good to eat were discounted with a barcode — this applies to poultry and meat products.

Lidl alleged Mr Gryzb through his conduct manipulated the policies to allegedly steal bakery goods on October 26 and 28 2020.

Defence

In his defence, Mr Gryzb said he adapted a common practice operated in other Lidl stores and what occurred were minor procedural infractions.

He believed the “waste not” procedure could be applied to bakery goods that were written off.

He argued there was no economic loss to the company and it resulted in a surplus as he paid for the bakery goods.

Mr Gryzb said he only realised he was accused of theft after he saw the investigation report in February 2021.

He said the conduct of the employer was unreasonable as what he did could not be considered gross misconduct, and the employer did not give any regard to the reasonable excuse given.

Solicitor for Mr Gryzb Eamonn O’Hanrahan argued the investigation into Mr Gryzb’s conduct was adversarial and was a predetermined investigation.

He said Mr Gryzb was not informed he was accused of theft in the investigation but told he was accused of not complying with various procedures.

In her findings, Ms O'Driscoll found the manager who made the decision to dismiss did not consider any alternative to dismissal although there were other sanctions available.

Mr Gryzb was out of work for 10 weeks and Ms O’Driscoll awarded him €23,461.

However, in view of his own contribution to his dismissal, she reduced it to €17,596.

Ms O'Driscoll also found Mr Gryzb was entitled to four weeks' notice pay and directed Lidl to pay him four weeks' notice of €3,615 for its breach of the Payment of Wages Act 1991.