Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
A SHOP ASSISTANT, who refused to engage with a customer returning some Christmas lights and who threatened to call the gardaí, has been awarded €20,000 at the Workplace Relations Commission (WRC) after losing her job.
The woman in question had been working for the retail store in question for nearly three years at the time of the incident in November 2017.
The customer who walked into the shop on that date had no receipt or proof of purchase for the Christmas lights which they claimed were faulty. When it was explained to the customer that such proof was a shop requirement, the customer allegedly subjected the woman to a stream of abuse.
In the wake of the confrontation, the customer complained to the shop, which initiated an investigation, the result of which saw the woman lose her job.
She claimed that the shop’s disciplinary process was manifestly unfair, in that she wasn’t made aware that dismissal was an option beforehand. She claimed that her dismissal was “completely disproportionate and unreasonable”.
The shop meanwhile said that it is “dependant on good customer relationships”.
It said that the woman’s behaviour had been totally inappropriate, and that calling a colleague over to act as a witness was an “error of judgement”. It contended that the woman’s suggestion that she would “have to call the guards” was an example of poor customer relations.
It said that throughout the disciplinary process, which it maintained was “comprehensive and completely professional”, it informed the woman that her actions constituted gross misconduct, but that nevertheless she showed no “remorse or contrition”, and remained “unapologetic and defensive”.
Lack of remorse
It further added that the woman’s lack of remorse had made it fearful that there might be a repeat of the incident in question.
The woman’s dismissal was formalised on 21 December 2017. She appealed the decision, but unsuccessfully.
In considering the ruling, WRC adjudication officer Michael McEntee said he could not understand how a confrontation over Christmas lights, albeit one that became heated, could “fit this classification” of gross misconduct.
“Dismissal from employment is a very major, the ultimate, sanction. It was not clear to me why a lesser section could not have been utilised,” he said.
Overall in this case it appeared that there were a number of procedural flaws and issues of natural justice in the investigative and disciplinary hearings.
He said that, while the woman appeared to have “been brusque and somewhat dismissive” of the investigation into the incident, and that her lack of contrition were “ultimate factors in her dismissal”, those reasons should not have been issues under natural justice.
Accordingly, he said that he believed an unfair dismissal had taken place.
He said that reinstatement would not be appropriate given the relationship between the parties had irretrievably broken down, and that redress of €20,800, or one year’s salary, would be the appropriate action.
To embed this post, copy the code below on your site
I tried to breastfeed but it didn’t work out. In the end I just gave up and left my wife do it.
They changed the ingredients and thus the method for making a bottle without properly warning or telling anyone, also the new boxes are gone to 700g from 800g and yet the price is staying the same
@Ian McNally: cheaper ingredients I presume. Always the bottom line with large companies, if the current quarter is not better than the previous 4 then it’s bad. This infinity growth stuff is ridiculous
@Ian McNally: noticed the same thing smart feckers
Just don’t use it then. Problem gone.
@Paul A Whelan: not as easy as just don’t use it! My baby has just turned one I had planned to move her straight to cows milk when she turned one as per the public health nurses recommendation. Unfortunately she won’t touch it unless it’s mixed with the formula she’s used to. Luckily I picked up the last two of the old boxes in my local pharmacy which should see us through the weaning phase but it’s not as simple as just don’t use it for a lot of parents!
@Paul A Whelan: The boob is unbeatable.You can’t better nature.
@Billy McNamara: Breastfeeding doesn’t work for all women. Plus the formula mentioned here is aimed at 1-2 year olds, very few women manage to breastfeed for that long.
Some experts recommend breastfeeding a child until its four years old.
‘Not only does breastfeeding provide nutrition and immunity benefits for as long as it is done, but it provides emotional connection, too’
https://www.breastfeedingbasics.com/ourmuddyboots/what-breastfeeding-a-4-year-old-really-looks-like
@leartius: Every parent is doing the v best for their kids be it formula or bf!!
@leartius: It does come in lovely containers….
@Neville Patterson: cheeky pup!!!
@leartius: Bitty!
@Annette: I know not all mothers can breastfeed but breast milk is best for the baby so if a mother chooses not to even try breastfeeding, how can you say she’s doing the very best for her baby?
@Thunder Snowman: because they’re her breasts. We don’t force women to breast feed.
@Thunder Snowman: how about you mind your own business about what a mother chooses to do. It has no bearing on you or your life. Your opinion is irrelevant.
@Thunder Snowman: I can without hesitation. Every mother has the right to decide how to feed their baby. BF is good as is formula.
@Annette: Breast milk is miles better than formula, that’s a fact. Why do you think the HSE are advocating it so much.
@Thunder Snowman: Have you looked at the statistics on bf in Ireland? It’s one of the lowest in Europe, it’s all v well to advocate for it but it’s not for everyone. If there was more support in hospitals for mums who are trying, I’m sure there would be higher numbers, nurses are overworked and haven’t the time to help each mom. It hurts and it’s difficult!! Only for a family member I would have stopped, got 30 mins help in total in hospital when I had mine!!!
@Thunder Snowman: no argument re breast milk being better but for countless reasons it’s not always possible for mothers to breastfeed
@Thunder Snowman: it’s ok, this issue with formula doesn’t effect breastfeeding mothers.
@leartius: maybe in a few years the attitude to breastfeeding will change in Ireland. It’s shocking, I’m not trying to knock what is a personal choice to many. Educating children from an early age and proper backing from hse to show how vital and natural breastfeeding is. It can be so beneficial if baby has allergies especially if they can’t take formula. Support is vital.
Follow on milk is not necessary, it is just a marketing ploy by the big companies because they can’t advertise baby formula. Giving a variety of solid foods of full fat, iron rich & vitamin C. It’s not easy and a lot of patience but no substitute.
@Claire Duffy: i totally agree with you, i had my first baby in london and wasnt given those ready made small bottles of formula that are falling out of maternity hospitals in ireland and i was encouraged to breastfeed which i did no problem. I had my secind baby in dublin amd was instantly handed thise bottles which i refused. I cannot for the life of me understand why women in ireland arent encouraged more to breastfeed. The price of formula for one and all the hassle of sterilising and boiling and cooling water is more stress . And dont get me started on that follow on rubbish again so expensive and totally unnecessary .
@leartius: there’s not really a whole lot of scientific evidence for feeding to 4 years. I believe the recommended age is 2. I breastfed but it was painful and difficult in the first few weeks…..luckily I like on NZ where the support is amazing and I went on to bf for 9 months. The reason I stopped is cause I had to go back yo work…..tbh I was shocked at the lack of facilities and the attitudes towards breastfeeding when I came back on a holiday when my daughter was 6 months. Also totally agree the follow on milk is not necessary nutritionally and is a bit of a marketing ploy but some people rely on it to wean their babies onto cows milk
Our twin girls our 8 weeks old and both were on the first infant milk – they were premature and they had to be bottle fed to monitor their Intake so to say to just change is a stupid comment or to just breast feed – again, not that simple. Anyway, they both began to be very sick at the same time and it wasn’t till my wife found the aptamil issue thing online that we realized it wasn’t just a rebranding of Aptamil but a new formula.. we changed to cow and gate (we know they are danone owned) and they are absolutely fine now.. bottom line is they most likely found a cheaper way to make it and thought no one would notice.. terrible for any parent to go through..
Absolutely disgraceful that they changed the quantity for and kept the price the same. I’m finally out of the bottle phase but for some poor families paying 14.00 Euro formula is not fair. I don’t want to hear about the breastfeeding debate I breastfed both mine for 5 months. I don’t understand why Danone felt they needed to be change it? It makes no sense that they were making profit, it sold well so why change it other than to make more money. I will no longer recommend it to friends after this. I think the greed became too much and they just wanted more and more profit.
@Nurse on call: You may be surprised when you find out that this is happening with everything you can think of. It is a marketing ploy to mask price increase. It has a lovely name – shrinkflation.
https://www.independent.co.uk/news/business/news/shrinking-products-price-stays-same-more-than-2500-shrinkflation-brexit-ons-toblerone-maltesers-a7857126.html
Terrible of Danone, why didn’t they they tell customers they had changed the ingredients. Nothing worse than a sick baba..
I have a three month old who is on the stage one formula which changed. Thankfully with the new formula she hasn’t been sick but at same time as the change she has been hungrier than before which I feel must be to do with their change of ingredients. And yes to go from 900g to 800g at same price is just ridiculous. So she is hungrier and there is less formula in the box! Anyone else experience this I wonder?
@Olivia: Yes!! My 8 week old is hungrier and is looking for a feed more often than normal. I increased her intake by an ounce but it didn’t make a difference, she’s still looking for the next one sooner than before :-/
@Aisling Addie: Ask PHN about the wonder weeks. It could just be the suck reflex, rather than being hungry. But, I know you couldn’t deny a hungry baby!
I agree. Have recommended people not use it now after the change. Terrible to change the packaging hoping people wouldn’t notice the significant difference in size. We changed last week as the new Aptamil was grainy as would not mix properly.
Brest milk is best for the mother and baby. It’s also good for the father as he can play with the ‘empties’!
There are no safety issues with strong cheese but you still wouldn’t be giving it to a toddler.
This article can be condensed down to: The parents of the hundreds of children who were sick are all mistaken and wrong because the management of Danone and Aptamil say so.
Because if there was any, that would cause them a fortune. ..
have your say