Tesco Ireland ordered to pay €12k compo to employee dismissed over missing €20 note
The Irish arm of retail giant, Tesco has been ordered to pay €12,000 compensation for the unfair dismissal of a long serving worker in a dispute over a missing €20 note.This follows Workplace Relations Commission (WRC) Adjudicator, Gráinne Quinn ordering Tesco Ireland Retail to pay Declan Kavanagh the €12,000 compensation for his unfair dismissal.Tesco first suspended in October 2023 and shortly after dismissed till worker, Mr Kavanagh for gross misconduct after claiming that CCTV showed him place €20 into his pocket while at the tills and not following the correct procedures.Employed by Tesco for 13 years with a blemish-free record, Mr Kavanagh sued for unfair dismissal at the WRC and in her findings, Ms Quinn found that he was unfairly dismissed and did not find that there was any dishonesty on the part of Mr Kavanagh.Ms Quinn stated that Mr Kavanagh misplaced the money but never tried to hide this fact, accepting from the very beginning that this was the case.Ms Quinn stated that given Mr Kavanagh’s long unblemished history with Tesco Ireland and his lack of malicious intent "I find that the sanction was disproportionate and a lesser penalty should have been imposed".Over a two-day hearing at the WRC, Mr Kavanagh said that he had no idea whether he placed the money in his pocket but accepted that he did not place the money where he should have.In evidence Mr Kavanagh stated that it was not in his nature to rob or steal. He said that "it was an honest mistake".Mr Kavanagh argued that the CCTV does not show him putting the money in his pocket.He said that he checked his pockets when he went home the next day and could not find it.On the impact his unfair dismissal has had, Mr Kavanagh stated that the matter had put a huge strain on his marriage.He stated that he was not able to celebrate his stepdaughter’s wedding due to financial strains.Sign up to our new Crime Ireland newsletter and get exclusive content from Michael O'Toole and Paul HealyThe Irish Mirror's Crime Writers Michael O'Toole and Paul Healy are writing a new weekly newsletter called Crime Ireland. Click here to sign up and get it delivered to your inbox every weekHe felt out of place as he could not give a financial gift and had been made to feel like a criminal in his local town.He knew people in town were wondering why he was not at his workplace and he was stressed due to missing payments on his house and the bank were seeking repossession on it.Mr Kavanagh stated that he could not say what happened to the €20.Mr Kavanagh hoped he did not throw it in the bin.Mr Kavanagh highlighted that the €20 amount in question was so minor that to lead to dismissal seemed disproportionate.He said that there was no conclusive proof that he had put the money into his pocket.He said that on viewing the video, it did not show him doing anything wrong, just doing his job and keeping the tills going.Mr Kavanagh (61) had previously worked for 19 years in a club and in a bank for eight years.At the date of hearing, Mr Kavanagh remained out of work.In her findings, Ms Quinn stated that Mr Kavanagh admitted that he did not place the money where he should have.Ms Quinn stated: "This admission, it should be noted was made voluntarily and was not extracted from the Complainant under threat or by subterfuge."Ms Quinn stated that during the Tesco investigation the bins where the money may have gone was never searched.She stated that further the two other employees present at the relevant period of time and whom Mr Kavanagh was engaging with around the relevant time were never interviewed.Ms Quinn stated that she finds these to be fatal flaws which undermine the findings of fact reachedIn his closing submission at the hearing, Mr Kavanagh said that it was an honour to work with the staff at Tesco Ireland.He accepted he had misplaced €20. He had offered to pay it back on that first day and ever since.He said that it was a complete lack of judgment on his behalf.Mr Kavanagh had been employed by Tesco for 13 years and he had never done anything stupid in that time.Tesco Ireland submitted that the matter had been a fair dismissal. Tesco stated that the investigation and disciplinary process were followed and fair and that the dismissal was in line with the gravity of the situation and amounted to gross misconduct. Tesco Ireland stated that there was an entire breach of trust.Sign up to the Irish Mirror's Courts and Crime newsletter here and get breaking crime updates and news from the courts direct to your inbox.
