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Labour Court upholds Aldi decision rejecting store manager’s penalisation appeal

By Ruairí Dolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld a decision rejecting a store manager’s claim that Aldi penalised him for making a protected disclosure. The determination, dated 24 June 2022, found that his suspension related to visa requirements and was not penalisation.

Mr Suleman Kayani said he disclosed that an area manager had altered working hours and was later penalised through workplace treatment, including increased targets and a suspension. Aldi argued that the disclosure did not concern relevant wrongdoing and that the later events arose from operational matters or visa requirements.

The Court found that Kayani had made a protected disclosure. However, the earlier alleged incidents were outside the six-month time limit, and he had not shown reasonable cause for the delay. It also found that Aldi suspended him because of an issue with his work visa and was acting in line with its legal obligations. His appeal failed, and the Adjudication Officer’s decision was upheld.

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