A worker at Joseph Brennan Bakeries who was sacked after being seen sticking chewing gum to a pillar in a food preparation area, was unfairly dismissed, the Labour Court has ruled.
CCTV footage captured Graham Rogers taking gum from his mouth, drying it against a fan and sticking it on a pillar in the production area.
A shift manager at the firm found a ‘chewing gum man’ had been attached to the pillar. Mr Rogers was suspended after being identified as the culprit and was sacked in Augusts 2016.
The company says “no food, drink or chewing gum is permitted anywhere within the bakery production areas” and that the rule was posted on signs throughout the food production area.
Mr Rogers took a Labour Court case claiming unfair dismissal and it found that procedurally his dismissal was unfair. However, the court found that Mr Rogers was 60 per cent responsible for his dismissal. He was awarded €6,000.
The Labour Court heard that at a company disciplinary meeting, the general manager, identified as TG, showed a picture of the ‘chewing gum man’ to Mr Rogers, who said he had made it.
Mr Rogers admitted several times that he was responsible for the ‘gum figure’ and apologised.
TG stated that the company’s handbook placed very significant emphasis on the prohibition of foodstuffs, including specifically chewing gum, on the production floor and it makes clear that any breach of this prohibition would be taken very seriously.
Mr Rogers submitted that the company did not enforce a policy against food or drink being permitted in the bakery area. He claimed that it was commonplace for workers to bring food or drink into the bakery area and for workers to use chewing gum in that area.
He submitted that discarded food wrappers and bottles could often be seen on the bakery floor.
Mr Rogers submitted that he worked with approximately 20 people and it was commonplace for those workers to chew gum on the bakery floor.
He also claimed that in the weeks prior to the incident he became aware that workers had taken to sticking chewing gum to a pillar on the periphery of the factory floor. Mr Rogers submitted that he was not the only worker to do so.
