The Workplace Relations Commission (WRC) has ordered Applegreen to pay €18,750 in compensation to a long-serving manager after finding the company unfairly dismissed her over allegations of selling “unsafe food.” Adjudicator Catherine Byrne ruled that the retail group failed to follow fair procedures during the investigation and disciplinary process, according to the official WRC decision published in May 2024.
Why the WRC ruled against Applegreen
The dismissal stemmed from an incident where the manager allegedly sold a chicken fillet roll that had been held for longer than the company’s designated safety period. Applegreen maintained the manager breached food safety protocols, which it categorized as gross misconduct. However, the WRC found that the internal investigation was flawed. Adjudicator Byrne noted that the company failed to provide the manager with a clear opportunity to challenge the evidence or address the specific allegations before the decision to terminate her employment was finalized. Under the Unfair Dismissals Act 1977, employers must demonstrate that they followed natural justice and fair procedures, even in cases involving serious safety concerns.
How the investigation process failed
According to the WRC findings, the disciplinary process lacked the transparency required for a fair hearing. The manager, who had a clean disciplinary record during her tenure, was not adequately informed of the case against her until the investigation was already nearing its conclusion. The WRC highlighted that Applegreen’s reliance on automated temperature and timing logs did not account for the manager’s testimony regarding the specific circumstances of the food preparation. By failing to weigh the employee’s defense against the electronic data, the company deprived her of a fair chance to defend her professional reputation.
What this means for retail employers
This ruling serves as a reminder that food safety compliance does not exempt employers from the requirements of Irish employment law. While companies must maintain strict health and safety standards to protect consumers, the burden remains on the employer to ensure that disciplinary actions are proportionate and procedurally sound. Legal experts suggest that companies should:
- Provide employees with all evidence used in an investigation before a disciplinary meeting.
- Allow for a meaningful right of reply to technical or digital evidence.
- Document every stage of the disciplinary process to prove compliance with the principles of natural justice.
Key Facts of the Case
| Detail | Description |
|---|---|
| Respondent | Applegreen |
| Award Amount | €18,750 |
| Primary Finding | Unfair dismissal due to lack of fair procedures |
| Regulatory Body | Workplace Relations Commission (WRC) |
The decision reinforces the precedent set in Irish labor courts that procedural fairness is the primary factor in determining the legality of a dismissal. Regardless of the severity of the alleged misconduct, failing to adhere to the established codes of practice—specifically the Code of Practice on Grievance and Disciplinary Procedures—often leads to successful claims for unfair dismissal.