The Employment Appeals Tribunal recently awarded a former restaurant employee €20,000 after he was unfairly dismissed for allegedly washing dishes with cold water and for allowing his wife to drink coffee at a discounted rate.
The restaurant in question, Graham O’Sullivan Restaurants Limited, which operate several Restaurants in the greater Dublin area stated Mr. Tuchowski was issued with two warnings previous to his dismissal.
A Representative for the Restaurant stated that Mr Tuchowski was given a verbal warning in May 2013 as a result of allowing his wife to drink coffee at the discounted reduced staff rate. The representative stated that Mr. Tuchowski was subsequently issued with a written warning in July 2013 after it was claimed he rinsed dishes with cold water as new company policy stated dishes and utensils should be rinsed with hot water before being placed in the dishwasher. Mr Tuchowskis’ argument was that he was only rinsing the sink.
In the recent judgement, the Tribunal ruled that there was a lack of fair procedures in dismissing the employee. It said that the misdemeanours allegedly committed by the respondent were ‘Petty’ and ‘Not warranting the ultimate sanction warranted’