Tesco Ordered to Rehire Worker After Tribunal Rules Manager Overreacted to Profanity

The Workplace Relations Commission has ordered Tesco to rehire a worker who was sacked last year for calling his manager "useless" in a performance review meeting. The tribunal ruled that Tesco's management went over the top in dismissing the worker and subjected him to a "crude exhibition of power". The worker's union, SIPTU, accused Tesco of "circling the wagons" in response to a legitimate grievance. The tribunal ordered Tesco to re-employ the worker and pay him compensation.

The Workplace Relations Commission (WRC) has ordered supermarket group Tesco to rehire a warehouse operative who was fired for calling his line manager "useless" during a performance review meeting. The ruling, which came after a lengthy investigation, found that Tesco's management overstepped in dismissing the worker and subjected him to a "crude exhibition of power" [1].

The WRC ruled that while the disciplinary process used by Tesco was procedurally fair, the sanction of dismissal was disproportionate. The tribunal noted that the worker, Cathal Hussey, had a history of legitimate grievances that were not adequately addressed by management. The worker's union, SIPTU, accused Tesco of "circling the wagons" in response to a legitimate grievance [1].

Tesco argued that the worker's behavior, including calling his manager "useless," was unacceptable and that the dismissal was justified. However, the WRC found that the dismissal was not proportionate to the offense and directed Tesco to re-employ the worker within four weeks. The worker will not be reinstated in his previous role but will receive a final written warning to stay on his file for 12 months [1].

The WRC also ordered Tesco to treat the period the worker was out of work as a period of unpaid suspension. The tribunal expressed hope that the worker would use this opportunity to modify his behavior [1].

The ruling highlights the importance of fair and proportionate disciplinary processes in the workplace. It also underscores the role of unions in protecting workers' rights and ensuring that employers act fairly and reasonably in disciplinary matters.

References:
[1] https://www.breakingnews.ie/ireland/tesco-ordered-to-rehire-former-worker-who-was-fired-for-calling-his-manager-useless-1788333.html