Dunnes phone transfer criticised

Dunnes Stores has been told by the Employment Appeals Tribunal it should examine its policy of transferring staff from one store…

Dunnes Stores has been told by the Employment Appeals Tribunal it should examine its policy of transferring staff from one store to another by telephone call.

The tribunal awarded €7,500 to a former Dunnes manager who ended her employment with the company after it attempted to move her to a new store when she returned from parental leave in October 2003.

Prior to taking the leave in July that year, Margaret O'Kane, Ballinagard, Ballyneety, Co Limerick, had held a managerial position at the company's Jetland store in Limerick.

When the area manager told her by telephone that she was to return to work at the Parkway store, as the number three check-out supervisor, she was "in shock", she told the tribunal.

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The tribunal said while the company made subsequent efforts to retrieve the situation, there had been a breakdown of trust and confidence between Ms O'Kane and her employer as a result of the telephone conversation with the area manager.

In that circumstance, Ms O'Kane was justified in terminating her employment with the company.

"The policy within the respondent company of transferring an employee from one store to another by telephone call does not reflect sound industrial relations practice," the tribunal said.

"It is the view of this division of the tribunal that the policy should be examined with a view to bringing the policy into line with current industrial relations procedures."

Ms O'Kane had worked for Dunnes since 1980 when she packed shelves after school. She joined the company full-time after completing her Leaving Certificate.

In another decision just published, the tribunal awarded €70,000 to a man who was sacked by a Co Cavan company after an investigation into a comment he allegedly made about a colleague.

Ciarán McArdle, Castleblayney, Co Monaghan, was dismissed by Kingspan Ltd, of Kingscourt, in August 2003.

He was alleged to have said of a colleague who was nominated for election as a shop steward: "What backstabbing no good [expletive deleted] nominated that [expletive deleted]?"

Mr McArdle denied making the comment.

The tribunal heard that an earlier disagreement between Mr McArdle and the same colleague had been investigated and, while each was warned as to their future behaviour, no evidence of bullying or harassment was found.

It said the decision to dismiss Mr McArdle was a "grossly disproportionate response" by the company.

Among the reasons cited by Kingspan for Mr McArdle's dismissal was his refusal to co-operate with an investigation into the complaint against him.

The tribunal, however, said he had not refused to co-operate with the investigation in a general way, but only with the outside investigator appointed.

His refusal to co-operate was an attempt by Mr McArdle to insist upon his rights under a company-union agreement. The tribunal awarded Mr McArdle 104 weeks pay, totalling €70,620.

Chris Dooley

Chris Dooley

Chris Dooley is Foreign Editor of The Irish Times