The Workplace Relations Commission has recommended that a retailer pay €6,000 to a worker who was sacked as a result of the fallout from accidentally spilling a cup of hot pot noodles on a child in a shop.
WRC adjudication officer Niamh O’Carroll Kelly found the worker was dismissed from his employment in the absence of any procedures.
“There was no investigation, no disciplinary hearing and he was not given an opportunity to defend himself or to appeal the decision to dismiss,” she found.
In his evidence, the worker stated that on July 17th, 2018, as he was walking down the aisle in the shop with a cup of pot noodles in his hand during a break, a young boy turned suddenly, causing him to crash into him and the hot water from the noodle cup to pour down on the boy’s shoulder.
The worker said he did everything he could to try and help the boy and apologised to the boy’s mother.
Boiling water
According to the employer, the young boy became very distressed due to the pain of the burn from the hot or boiling water. The mother of the boy came into the shop the next day to file a complaint. She said she intended to go to a solicitor and file a personal injury claim.
The woman informed the owner she had to take her son to hospital the evening before due to the severity of the burn.
The manager stated that he spoke to the worker and informed him he was to have all of his breaks in the staff room. The manager reported he experienced a very bad attitude from the worker, so he suspended him for two weeks without pay. After the two weeks, the manager spoke to the worker again but was still not happy with his attitude so he dismissed him.
In her findings, Ms O’Carroll Kelly stated that from the evidence of the owner, the worker was not dismissed for the incident on July 17th but because the manager took exception to his attitude.
Ms O’Carroll Kelly stated that the employer’s handling of the entire matter clearly breached the worker’s right to fair procedures and natural justice.
