The Labour Court upheld Tesco Ireland Limited’s dismissal of Linda Maguire, finding her unfair dismissal complaint not well founded. In a determination dated 17 July 2023, the Court upheld the Adjudication Officer’s decision.
Tesco said it dismissed Ms Maguire for serious misconduct after she took €30 left behind by a customer and a scratch card without paying. Ms Maguire argued that the investigation was flawed and that dismissal was disproportionate.
The Court found that Tesco’s disciplinary and appeal processes were substantially fair. It did not accept that Ms Maguire had been denied the chance to review the CCTV footage, finding that her decision not to watch it was her own. The Court also found that her refusal to watch the footage and failure to explain her actions undermined her employer’s trust in her.
The Court said Tesco had substantial grounds to dismiss her and that dismissal was proportionate. It found the sanction fell within the range of responses open to a reasonable employer. The appeal concerned the unfair dismissal complaint under the Unfair Dismissals Act 1977. The Labour Court heard the appeal on 17 May 2023 before issuing its determination.