A Dunnes Stores worker was dismissed by the company after she was detected in a garda undercover operation selling a bottle of wine to a minor, the Employment Appeals Tribunal (EAT) has heard.
Anna Perenc, a food safety officer with the company, was filling in on the tills in the company's Stephen's Green branch when she sold the 16-year-old girl the wine without asking for identification and proof of age.
Ms Perenc was subsequently dismissed and took a claim for unfair dismissal to the EAT.
After the sale, Ms Perenc was approached by Det Sgt Alison O’Neill, of Pearse Street Garda station, who produced a warrant card and asked Ms Perenc to get her manager.
The tribunal was told by Ms O’Neill that regular “test” operations were carried out as the inner-city area had a significant problem with alcohol abuse and underage drinking.
She said An Garda Síochána took the issue very seriously and breaches of the legislation could result in store closures and fines.
Ms O’Neill said that gardaí used juveniles who were clearly “not made up” and would look their age.
On the occasion in question, a “test” of ten premises in the St Stephen’s Green and Harcourt Street areas had turned up six licensed premises where the juvenile working with gardaí was refused alcohol, and four where she was sold alcohol.
In the case of Dunnes Stores, gardaí had exercised their discretion in not prosecuting the store, but senior staff at the branch were called in and given a formal reprimand.
Staff training
Joe Hanley, textiles manager at Dunnes Stores’ St Stephen’s Green branch, said staff including Ms Perenc were trained twice a year on regulations and company rules governing the sale of alcohol and tobacco.
Mr Hanley said that, in almost six years of employment, Ms Perenc had been to nine such training courses and in each case had signed forms to show she had taken part in the training.
In addition, when selling alcohol the till automatically prompts a screen message asking if the operator has checked that the customer is older than 23-years-old. This has to be manually over-ridden by the operator.
Following this, a second prompt asking “Are you sure?” pops up, and again this has to be manually over-ridden by the operator.
Mr Hanley told the tribunal that Ms Perenc had not said that there was any difficulty with the tills on the day, or that she was distracted in any way, and when offered the opportunity to add anything to his inquiry on the incident had not delivered any explanation other than she had not looked at the customer properly.
He said that, when asked why she didn’t follow the policy, she had replied: “I don’t know.”
Ms Perenc said she had difficulty in following some of the disciplinary procedures as her English was not very good.
She said she had not initially been given a written copy of the company’s disciplinary procedures, but had been given a staff handbook.
She said she did not initially understand what was happening, and some time later did not realise she had been dismissed.
“I think I made a mistake but such a mistake could happen to anybody,” she said.
The tribunal is to issue its determination in due course.
