Retail giant Ikea sacked a bistro worker in its Dublin shop for drinking a €1.25 milkshake without paying for it, the Employment Appeals Tribunal has heard.
The tribunal ordered Ikea Ireland to pay €30,000 to Ian Fortune after it ruled the firm had unfairly dismissed him from its Ballymun store.
Employees at Ikea are permitted to drink tea, coffee and soda fountain drinks free of charge, but Mr Fortune was suspended after a manager witnessed him and three colleagues drinking milkshakes when he had not bought a company token for it. The consumption of the milkshake without paying for it was treated as “gross misconduct” and Mr Fortune was dismissed.
He did not turn up for an investigation and disciplinary meetings about the incident because he was in France with his wife and son on a pre-booked holiday. He said he had not received notification.
Justification for dismissal
In its ruling, the tribunal said it was not satisfied the matter amounted to a “substantial ground justifying the dismissal”. Mr Fortune had worked with Ikea since May 2009 until his dismissal on October 13th, 2014. Ikea’s bistro manager gave evidence about seeing Mr Fortune and others consuming milkshakes after their shift.
The manager asked if they planned on paying and he wrote in his statement he received “inaudible responses”.
An Ikea HR manager told the hearing she treated the incident as “gross misconduct” and she followed the gross misconduct protocol as theft in any form was considered gross misconduct.
Mr Fortune said: “I am pleased with the outcome. I am now setting up my own business and moving on with my life.”
