Aurivo Co-Operative Society Limited must pay Jonathon Bowens €12,500 after the Labour Court upheld a finding that his dismissal was unfair. The Court’s determination was dated 5 June 2018.
Aurivo appealed the Adjudication Officer’s decision. The company said Mr Bowens was dismissed for carrying out a “card not present” transaction in breach of its policy while he was on a final written warning. Mr Bowens said he did not know the transaction breached the policy.
The Court found that the policy had not been given to staff in writing or displayed at work, and that two other staff had also breached it. It also found that the manager who had dealt with Mr Bowens’ earlier warning chaired the disciplinary hearing, despite having said that warning affected the dismissal decision.
The Labour Court found the dismissal unfair, citing the unclear communication of the policy and the need for an impartial manager to conduct the hearing. It considered reinstatement or re-engagement impractical and ordered Aurivo to pay €12,500 compensation, upholding the Adjudication Officer’s decision.