The Labour Court recommended that James A. Barry & Co. T/A Costcutters pay €4,500 to a worker after finding that a store manager’s demand she repay missing money was wholly inappropriate and caused her to leave in circumstances amounting to constructive dismissal. The recommendation, dated 17 November 2003, was in full and final settlement of her claim.
The worker had started as a part-time shop assistant at 16. After €120 went missing, the manager told her she owed €170, including €52 said to be missing from her till. The manager acknowledged telling her she would have to repay the missing money and said he did so to frighten her into being more careful. The Court found that, given her age and lack of experience, she was likely to understand the remark as an insinuation that she had taken the money.