The Workplace Relations Commission found that Andrei Avram was unfairly dismissed by Home Fair Services Unlimited Company t/a Noah & Co Cafe and ordered €15,000 compensation. In a decision dated 26 January 2024, adjudication officer John Harraghy found that Avram made no contribution to his dismissal.
The employer said it dismissed Avram for gross misconduct after investigating voided till transactions and suspecting misappropriation. Avram denied creating the voids. Harraghy found serious flaws in the investigation and disciplinary process, including a limited review of CCTV, no independent investigation and the disciplinary manager accepting the report without checking it. He found no evidence that Avram misappropriated money or completed all the voids.
The award reflected estimated losses, prospective loss of redundancy rights and the circumstances of the case. Harraghy noted Avram’s limited efforts to find work and his decision not to appeal. His separate minimum notice complaint was not well founded and had not been advanced at the hearing.