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Penneys worker unfairly dismissed but gets reduced award over 'crying laughing' emojis in WhatsApp group
Summary
A tribunal awarded a reduced sum to Janine Halpin, a part‑time Penneys retail assistant, after finding she was largely responsible for her own dismissal. Halpin was sacked for gross misconduct at the Tallaght store on 5 June 2024. She had replied with two "crying laughing" emojis to a colleague's threat to "skull drag" a manager in the private WhatsApp group "052 Madness". The tribunal noted that Halpin had previously received a final written warning in October 2023 for using foul language and refusing a management instruction. The investigation was criticised for giving her only 30 minutes' notice of a meeting, which the adjudicator described as an ambush. The tribunal reduced the compensation by 70 % and directed Primark to pay €1,277.64, less than four weeks' gross wages, rather than the four months' pay sought by her union. The case was heard under the Unfair Dismissals Act 1977.
Who, what, where, when and why
What: Report matter: Penneys worker unfairly dismissed but gets reduced award over 'crying laughing' emojis in WhatsApp group. Procedural stage: hearing_or_decision
When:
- 5 June 2024 Other
- 17 May Other
- October 2023 Other
- 2025-06-11 Publication
Case subjects
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