Labour Court upholds recommendation on M Kelliher & Sons Limited dismissal appeal

The Labour Court upheld a Rights Commissioner's recommendation that a union appeal against a stores operative's dismissal fail. The decision was dated 22 July 1998. The worker, represented by Mandate, was dismissed after the company alleged he tried to sell two cookers without authorisation. He denied the allegation. The Court said its role was to assess whether the employer acted fairly and reached an honest and credible conclusion on the evidence. It had reservations that the company had not identified or produced the person who made the complaint, but accepted there was a credible basis for the company's decision.