The Workplace Relations Commission ruled that German supermarket group had unfairly dismissed warehouse operative, Mihalis Buinenko, over his poor attendance rates at work.
An employee at Lidl’s head office in Ireland, who was fired after missing work on 69 days over a 16-month period due to sick leave, has been awarded compensation of €16,000.
Counsel for Lidl Ireland, Paul Twomey BL, said the investigation concluded that there was alleged gross misconduct in relation to alleged excessive disruption to its operations. He claimed such actions were extremely disruptive for Lidl’s operations and had led to a fundamental breakdown of trust in the working relationship between the parties.
Under cross-examination by counsel for Mr Buinenko, Dermot Sheehan BL, the manager accepted that the 69 days when Mr Buinenko missed work were not unauthorised absences as he had complied with Lidl’s policy on sick leave. Mr Buinenko claimed Lidl’s handbook on its sick pay scheme had no sanction for taking an excessive amount of sick days nor any provision for related disciplinary measures.
In her ruling WRC adjudication officer, Anne McElduff, said she was satisfied overall that Lidl had conducted the disciplinary process in accordance with proper procedures.
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