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WRC orders Tesco to re-engage unfairly dismissed worker

By Rory Hanlon

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that Tesco Ireland Limited unfairly dismissed warehouse operative Mr Cathal Hussey and ordered the retailer to re-engage him within four weeks. The decision was dated 17 July 2025. The WRC found that dismissal was disproportionate after Tesco raised his sanction from a final written warning to dismissal over his conduct toward a line manager, including calling him “useless”. Hussey argued that the dismissal was unwarranted and the investigation flawed; Tesco said the dismissal followed a fair process for misconduct. The adjudication officer identified a procedural deficiency in the investigation but found the overall process fair, and concluded that dismissal fell outside the range of reasonable employer responses. The WRC also found that Hussey contributed to a significant degree to the circumstances, without specifying a percentage. He is to be re-engaged in a role other than his former one; the time until re-engagement counts as unpaid suspension, and the final written warning will remain on file for one year after his return. His separate minimum notice complaint was not well-founded.

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