Dismissal of Tesco worker 'disproportionate'

A veteran Tesco employee, 61-year-old Declan Kavanagh, was unfairly dismissed after a €20 note went missing during his shift, a Workplace Relations Commission (WRC) adjudicator has ruled. The dismissal, which occurred in January 2024, followed a suspension initiated on October 31, 2023, after Mr. Kavanagh stated he was “unsure” what happened to the banknote.

Investigation Flaws Led to Unfair Dismissal

The WRC found “fatal flaws” in Tesco’s investigation, specifically noting that investigators did not search bins for the missing money and failed to interview two other employees present at the time. Aisling McDevitt, representing Tesco, argued the CCTV footage showed Mr. Kavanagh placing the note in his pocket. However, Mr. Kavanagh stated he only viewed the footage during the tribunal hearing.

Conflicting Evidence and a Breach of Trust

A Tesco human resources officer testified that the footage showed Mr. Kavanagh holding and “scrunching up” the money before placing it in his pocket, characterizing this as a “breach of trust” and “amounted to theft.” Despite this assessment, Mr. Kavanagh maintained he had “misplaced” the banknote and repeatedly offered to reimburse Tesco. He explained he was busy with a customer and receipts at the time, and forgot to set the money aside.

Did You Know? Mr. Kavanagh had 13 years of unblemished service with Tesco at the time of the incident.

A store manager, acting as disciplinary officer, initially stated the CCTV footage clearly showed Mr. Kavanagh taking the money. However, under cross-examination, he conceded a five-minute gap existed between the money being in the till and Mr. Kavanagh’s hand entering his pocket, during which time Mr. Kavanagh continued working.

Significant Personal Impact

Mr. Kavanagh testified that the process had “ruined” his good name and made him feel like a criminal in his local town. He described experiencing financial hardship, including missing mortgage payments and being unable to contribute a financial gift at his stepdaughter’s wedding. He emphasized his role as the main breadwinner and his desire to return to work, acknowledging limitations due to carer responsibilities.

Expert Insight: The case highlights the critical importance of thorough investigations and proportionate responses to perceived misconduct, particularly when considering an employee’s long service record and personal circumstances. A failure to follow due process can lead to significant legal and reputational consequences.

WRC adjudication officer Gráinne Quinn determined that while Tesco’s initial finding that Mr. Kavanagh did not place the money where he should have was reasonable, the flaws in the investigation undermined the findings. She found no evidence of dishonesty, concluding Mr. Kavanagh simply misplaced the money and was upfront about it. Dismissal for gross misconduct was deemed “disproportionate,” and a “lesser sanction” was warranted.

Frequently Asked Questions

What was the outcome of the case?

Declan Kavanagh was awarded €12,000 for unfair dismissal by the Workplace Relations Commission.

What specific flaws were identified in Tesco’s investigation?

The investigation did not include a search of bins where the money could have been and did not involve interviews with the two other employees present at the time of the incident.

What was Tesco’s justification for dismissing Mr. Kavanagh?

Tesco argued that CCTV footage showed Mr. Kavanagh placing the €20 note in his pocket, which they considered a breach of trust amounting to theft.

How might companies adjust their internal investigation procedures following a ruling like this?

Dismissal of Tesco worker ‘disproportionate’