Tesco Ireland Limited must pay former night manager Brian Scully €23,363 after the Workplace Relations Commission found his dismissal unfair. The decision, dated 19 January 2023, said serious defects in the investigation and disciplinary process made the dismissal both substantially and procedurally unfair.
Scully had worked at Tesco’s Portlaoise store since 2001. Tesco dismissed him for serious misconduct after he took a packet of cigarettes without paying. Scully said he had intended to pay but forgot. Tesco said policy breaches and misleading explanations had broken the trust needed for his role.
The WRC found Scully had only 14 hours to prepare for his first investigation meeting, was not given the supporting evidence beforehand and was refused an adjournment. It also found defects in how the investigation and appeal were handled, leaving the process unfair.
The WRC said reinstatement was not appropriate and that Scully had taken all possible steps to limit his losses. It also found that he contributed to a large degree to the circumstances behind his dismissal and losses. The €23,363 compensation represented 25% of the maximum award available under the legislation.