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WRC finds dismissal fair after worker took two juice cartons

By Fionn Kelly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that a worker was not unfairly dismissed after taking two cartons of juice from a beverage company’s production line. Adjudication Officer Emile Daly dated the decision 29 March 2023.

The worker accepted taking the cartons but said his supervisor’s comments led him to believe he had permission. The company said taking stock breached its policy and amounted to gross misconduct. The WRC found that the company could reasonably conclude the juice had been taken without authorisation, and that dismissal was within the range of reasonable responses.

The adjudicator identified flaws in the disciplinary process, including the company’s failure to provide CCTV footage it had relied on. But she found those flaws did not undermine the decision: the worker’s own evidence supported the finding that he had no express permission and knew taking product home breached company policy. The complaint was not well founded.

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