SuperValu has denied the unfair dismissal of a worker it fired for gross misconduct after deciding he had broken trust by allegedly sleeping while clocked in and using coins from a “take-a-penny” tray to pay for food.
Szymon Oasidrowski had over a decade’s service with Musgrave Operating Partners Ireland Ltd, trading as SuperValu in Sutton, Dublin 13, when his employer took the view in June, 2023 that he had committed gross misconduct in connection with various alleged breaches of company policy and immediately dismissed him.
His complaints under the Unfair Dismissals Act 1977 and the Minimum Notice and Terms and Conditions of Employment Act 1973 opened before the Workplace Relations Commission (WRC) on Friday.
Niamh Daly of the Irish Business and Employers’ Confederation (Ibec) told the hearing Mr Oasidrowski had been dismissed on foot of a “thorough process” carried out “in accordance with fair procedures and natural justice”, during which he had been represented by his trade union, Mandate.
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The hearing was told the company determined Mr Oasidrowski was accused of breaches of company procedures in 13 separate alleged incidents in March and April, 2023.
It was alleged Mr Oasidrowski was “clocking in and going to the canteen for up to two hours before work” – when he was meant to clock out for breaks – and failed to pay for food he consumed on the premises including bread rolls and soup.
He was also accused of using “coins that belonged to customers” from a “take-a-penny, leave-a-penny” tray at the supermarket’s self-service checkouts to pay for some items.
The tribunal heard the trays were present at some checkouts at Supervalu stores and were a “goodwill” measure instituted by SuperQuinn founder Feargal Quinn. The SuperQuinn group was acquired by Musgraves in 2011 and its stores were later brought under the SuperValu brand already operated by Musgraves.
Lynne McManus, a regional HR manager who acted as disciplinary officer in the case, accepted under cross-examination from Mr Oasidrowski’s representative, James McEvoy of Work Matters Ireland, that there was no written policy on staff use of the ‘take-a-penny’ facility.
She said staff were allowed to use it on the same basis as customers, but only when they were clocked out.
“It wouldn’t be used for the amount of money to pay for a product,” she added.
It was put to Ms McManus that Mr Oasidrowski told her at the disciplinary meeting that his comments to the investigator, whose report she had received, were not recorded: “I paid for all the items… I’m not a thief,” the meeting minutes recorded.
“He clearly made a statement about something not being written down. You seem to have relied on the investigation report to support everything, but you didn’t explore this with him… were you not open to the idea he might come with new evidence or a different view?” Mr McEvoy asked.
“They had no feedback; the investigation report was accepted,” Ms McManus said.
“I put it to you [that] you were not open to listening to him,” Mr McEvoy said.
“I disagree with your comment,” Ms McManus replied.
The company ultimately came to the conclusion that Mr Oasidrowski had been overpaid for six hours and 35 minutes for breaks taken while clocked in – including a period of two hours and 35 minutes when Ms McManus concluded the worker had been asleep in the canteen.
Mr McEvoy put it to her that this was an assumption.
“It was reasonable to believe he was asleep. His head was on the table, he didn’t move,” she said.
The tribunal was told Mr Oasidrowski’s position was that he was unwell on that occasion.
Mr Oasidrowski is expected to give evidence at a later stage, as the respondent bears the onus of proof and must conclude its case first.
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