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WRC finds retailer’s dismissal of sales assistant fair after gross misconduct

By Saoirse Doyle

Workplace Relations Commission ·

The WRC found a retailer’s dismissal of a sales assistant was fair. The decision was dated 10 April 2018. The retailer said CCTV showed repeated instances of goods being taken without payment and that the assistant did not cooperate with its investigation. She said she intended to pay and challenged the investigation’s independence and the handling of the footage. The adjudicator found a systematic pattern of taking products without payment and concluded that the conduct warranted dismissal. Although the CCTV footage should have been provided to the assistant and her representative, the adjudicator found the omission did not make the dismissal procedurally unfair in the context of the assistant’s refusal to participate in the disciplinary investigation. The adjudicator found she contributed 100% to her dismissal. The unfair-dismissal complaint was not well founded.

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