There’s been a wide number of reactions to Tesco being forced to rehire a staff member.
Tesco, the supermarket chain, has been instructed to reinstate a warehouse worker who was dismissed after referring to his line manager as “useless,” reports Breaking News.
The Workplace Relations Commission (WRC) determined that Cathal Hussey had been wrongfully dismissed by Tesco Ireland Limited, which had fired him for gross misconduct.
While the company’s investigation and disciplinary proceedings were considered procedurally sound, the WRC concluded that the penalty of dismissal was excessive, reports Breaking News.
Vivian Cullen of SIPTU, representing Mr Hussey, described the investigation into his client, who had been employed by Tesco for over 17 years, as “a hatchet job.”
According to Mr Cullen, Mr Hussey had genuine complaints that were being ignored by management, leading him to describe his manager as useless in a 12-page submission at a routine meeting that detailed several concerns, reports Breaking News.
He said the issue had caused Mr Hussey considerable frustration.
The WRC was told that the disciplinary investigation began after Mr Hussey’s manager, Martynas Bajarunas, filed a grievance, alleging he was being bullied and harassed by the employee.
Mr Cullen stated that Mr Hussey was removed from the roster after submitting a doctor’s note stating he was unable to participate in the process due to stress, although he was still able to work, reports Breaking News.
Following that, he was told he had breached the company’s bullying and harassment policies.
Mr Cullen alleged this led to “a new and damning narrative” being created, escalating the claim from serious misconduct to one of gross misconduct, reports Breaking News.
The WRC was informed that after Mr Hussey appealed the original penalty of a final written warning, the company instead decided to terminate his employment with immediate effect.
Mr Cullen accused Tesco of attempting to suppress a valid complaint and argued that the term bullying was being misused against the warehouse worker, reports Breaking News.
He described the dismissal as “punitive, capricious and disproportionate” and “a crude exhibition of power” designed to discourage employees from speaking out.
Mr Cullen said, “The emperor does not like being told that he isn’t wearing any clothes.”
He argued that the decision to fire the complainant was unjustified and too harsh, reports Breaking News.
Mr Hussey chose not to attend a two-day WRC hearing and did not provide testimony.
Tesco representatives stated the investigation proceeded despite Mr Hussey’s absence in an attempt to address the concerns involved, reports Breaking News.
The company said the investigator found the document calling the manager useless to be inappropriate, unreasonable, and disrespectful.
Tesco explained that an appeals officer believed a final written warning was insufficient and replaced it with immediate dismissal, a decision upheld at a later appeal, reports Breaking News.
Tesco also said Mr Hussey avoided meetings, made objections, refused to answer questions, and would not accept that his actions were inappropriate.
The company noted this wasn’t the first time Mr Bajarunas had encountered difficulties with Mr Hussey.
Tesco opposed Mr Hussey’s reinstatement or reemployment, arguing the trust and confidence in the employment relationship had been “broken beyond repair,” reports Breaking News.
WRC adjudicator Eileen Campbell noted it was unusual that ongoing issues between Mr Hussey and his manager had not been addressed sooner by Tesco.
Ms Campbell added that Mr Hussey’s refusal to attend meetings hindered the process.
She ultimately found that although the dismissal process was broadly fair, there were some imperfections, reports Breaking News.
Still, she ruled that the original final written warning should have stood, stating the dismissal was an excessive response.
She also emphasized that it is the employer’s clear responsibility to manage the employment relationship.
However, Ms Campbell stressed that she did not condone Mr Hussey’s behavior toward his manager, calling it “unacceptable on any level,” and acknowledged his role in the situation, reports Breaking News.
Yet, she stated that a verbal comment directed at a manager could not justify the loss of trust in an employee “of 17 years’ standing.”
Ms Campbell ordered Tesco to re-employ Mr Hussey within four weeks, though not in the same position, and mandated that a final written warning remain on his record for one year, reports Breaking News.
The WRC said Mr Hussey’s time away from work should count as unpaid suspension.
Ms Campbell said she believed there were numerous other warehouse roles in a company as large as Tesco and expressed hope that Mr Hussey would take the chance to change his conduct, reports Breaking News.
Tell us your thoughts in the Facebook post and share this with your friends.
