A CO Meath-based shop assistant who admitted loading shoppers’ loyalty card points on her sister’s card has been awarded €2,500 for unfair dismissal. Rita O’Donnell, Steepletown, Trim, Co Meath, took her case at the Employment Appeals Tribunal after she was dismissed from Supervalu in Haggard Street, Trim, in 2009.
Giving evidence to the tribunal Ms O’Donnell said she was asked to attend a meeting on December 1st, 2009, at which her employer and owner of the business – who was identified only by the initials SN – appeared very annoyed.
She told the tribunal she had brought her sister’s card to work and would have asked each customer if they wanted points on their loyalty card. If they did not she would seek their consent to transfer the points to the card of the next customer. If there were no other customers she would seek consent to transfer the points to her sister’s card.
Her employer said he had called a disciplinary meeting on December 4th attended by the company human resources manager and a staff representative. He concluded the claimant had stolen reward points and told her she was dismissed for gross misconduct.
The tribunal found there were breaches of procedure in relation to written notices and advices which should have been given to the claimant. The claimant’s action did not amount to “gross misconduct”.
