This is an incredible story. How
Tesco have allowed this case to go so far. Putting this decent employee through the wringer for a €20 note? What are Tesco’s profits. MoRe proof of the great work the WRC does.This report is from the weekend edition of The Irish Times.
STEPHEN BOURKE
Tesco bosses made a “fatal” error by failing to search bins for a missing €20 note in an investigation that led to the sacking of a veteran 61-year-old worker, a tribunal has found.
A Workplace Relations Commission (WRC) adjudicator found there was no dishonesty on the part of the worker, Declan Kavanagh, whom she said had misplaced the money.
She awarded him €12,000 on foot of a complaint challenging his January 2024 sacking.
Mr Kavanagh was suspended on October 31st, 2023 pending a formal investigation after he said at a meeting that he was “unsure” what happened to the banknote, a sitting of the tribunal at Castlebar Courthouse was told last year.
Aisling McDevitt, for Tesco, argued it was “clear that the complainant had placed the €20 note in his pocket”. Mr Kavanagh said this allegation was contradicted by CCTV footage that he only saw played for the first time when his case was heard.
Mr Kavanagh told the tribunal he had accepted that he “misplaced” the banknote and had offered to pay it back “on that first day and ever since”.
He said things were busy, he had receipts in his hand at the time along with the banknote, and had been engaged talking to a customer.
A store manager who acted as disciplinary officer said in his evidence that video footage “showed the complainant taking the €20 out, holding on to it, and putting it in his pocket and removing his hand”.
However, under cross-examination, the manager accepted that five minutes passed on the CCTV footage between the money being in the machine and Mr Kavanagh’s hand going into his pocket.
In her decision, adjudication officer Gráinne Quinn wrote that the company had made a reasonable “primary finding” that Mr Kavanagh “did not place the money where he should have” – based on the worker’s own “voluntary” admission.
“During the investigation, the bins where the money may have gone [were] never searched,” Ms Quinn wrote, awarding Mr Kavanagh €12,000 for unfair dismissal.




