Supermarket ordered to pay alcoholic employee €40,000 for unfair dismissal

A supermarket has been ordered to pay nearly €40,000 (£34,000) to a former employee after he was fired due to his alcoholism.

Eamon Murphy had been working as a manager for Connolly's SuperValu in Co Carlow, Ireland, when he was sacked in January 2021 for what the stores owners described as an 'incalculable' breach of trust.

A tribunal held earlier this month by the Workplace Relations Commission (WRC) heard how Murphy suffered a series of 'alcoholic related issues', culminating in a serious incident on 21 December 2019.

Later that month, the employee was sent to see the company doctor who certified he was 'unwell', but he was declared fit to work in January 2020.

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Both at the tribunal and at the time, Murphy was 'extremely remorseful' and agreed to attend AA meetings with a promise of no more issues arising in the future.

However, in October of the same year, managing director Tom Connolly and his family travelled away for the weekend and left Murphy in charge of his store.

Per the tribunal documents: "This was the weekend that the complainant, by his own admission, chose to bring into the store a considerable quantity of alcohol and proceeded to consume it on the premises until he became comatose.

"As store manager, with all the responsibilities attached, this, to any reasonable observer this was a catastrophic breach of trust that would render any future employment relationship very difficult if not impossible."

Helen Barry of SimplifyHR, who appeared on behalf of the supermarket owners, said Murphy had to be brought home by other employees that night.

The supermarket worker was immediately suspended, but he was supported financially by the business as he entered a treatment programme.

After a successful stint at the clinic, Murphy said he had become a 'changed man'.

But following a disciplinary hearing, he was ultimately fired from the job and later lost an appeal in which he asked the boss for 'another chance in whatever capacity this might be possible'.

Connolly explained in his summary of the case: "The incidents of October 2020 negated all relationships of trust and had place the business at considerable risk.

"Dismissal was the only and most regrettable option. Every other employer would have done the same."

Murphy ended up taking on a new job in June 2021, although the salary was €28,000 per year, a significant step down from his SuperValu pay of €70,000 plus a potential bonus of €10,000.

Despite acknowledging both sides of the argument, the deciding officer in the case, Michael McEntee, ruled that 'alcoholism was an accepted disability' and therefore agreed with the argument that the dismissal was discriminatory.

According to the Employment Equality Act, discrimination take place when an employee is treated 'less favourably than another employee' who does not have the same or another disability.

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As part of the tribunal, Murphy's representative, Rosemary Mallon BL, said: "In plain English the complainant was dismissed simply because he was an alcoholic – this was grossly discriminatory."

Bearing in mind all of materials and testimonies put forward, McEntee ordered for Murphy to be paid €39,750, which he said 'seems appropriate' in 'this particular case'.

If you want to discuss any issues relating to alcohol in confidence, contact Drinkline on 0300 123 1110, 9am–8pm weekdays and 11am–4pm weekends for advice and support