Tesco Re-Employment: ‘Useless’ Comment Not Firing Offence
Tesco Worker Reinstated After “Useless” Remark Leads to Unfair Dismissal
The Workplace Relations commission (WRC) has ordered tesco to re-employ a staff member who was sacked last year for calling his manager “useless” during a performance review. The WRC found that the supermarket’s management acted disproportionately in dismissing the employee, deeming the action an overreach.
SIPTU Accuses Tesco of “Circling the Wagons”
Trade union SIPTU,representing the worker,argued that Tesco bosses were unfairly targeting their member. The union claimed that Tesco management engaged in a “crude exhibition of power” by escalating a final written warning to summary dismissal, effectively aiming to remove the employee. SIPTU accused the company of “circling the wagons” in response to what they considered a legitimate grievance.
The Incident and the Review
The incident occurred during a performance review meeting where the employee made the remark about his manager. While the comment was acknowledged as inappropriate, the WRC’s ruling suggests that the subsequent dismissal was an excessive response.
Key Points of the WRC Ruling:
Unfair Dismissal: The WRC found that Tesco’s decision to dismiss the employee was not a fair or proportionate response to the comment made.
Disproportionate Action: The supermarket’s management was deemed to have gone “over the top” in their handling of the situation.* Re-employment Ordered: Tesco has been instructed to reinstate the worker to their former position.
This case highlights the importance of fair disciplinary procedures and proportionate responses within the workplace. It also underscores the role of trade unions in advocating for their members against what they perceive as unfair treatment by employers.
