The Workplace Relations Commission found that Philibert Aloui was unfairly dismissed by J D Wetherspoon Plc and ordered the company to pay him €5,000 in compensation. The decision was dated 15 February 2024.
Aloui worked as a Team Leader and was dismissed after the company said he had misused the staff discount by applying it while on duty. He argued that the discount had been used flexibly at the pub, that the policy change was poorly communicated and that dismissal was disproportionate.
The adjudicator found the investigation inadequate and not impartial, and said its shortcomings were not corrected on appeal. She concluded that dismissal was disproportionate and outside the range of reasonable responses. She also found that Aloui’s reliance on the old practice and failure to heed the policy change contributed to his dismissal, assessing his contribution at 50%.