An employee, Muhammad Kashif, who was dismissed by Aldi after higher management became aware of his sexual assault conviction, conquered a €5,000 compensation for wrongful termination. The firm’s management accused him of withholding his criminal past even though it was later discovered that he had informed his superior. An adjudicator from the Workplace Relations Commission (WRC) ruled that there was an unjust “hasty decision to dismissal” reaction upon the executives seeing a news report regarding the man’s legal proceedings.
Kashif was a cashier at an unnamed Aldi Stores Limited (Ireland) supermarket. He was able to maintain his position for two months after a suspended jail sentence was imposed by the District Court for a sexual assault he admitted to. Between November 2021 and February 2023, Kashif worked around 35 hours a week on average for Aldi, but also a few times a month at a fast-food outlet, as reported by the tribunal.
As represented by barrister Kiwana Ennis BL, under the instruction of Vincent and Beatty Solicitors, the organization claimed that Kashif had confessed to sexually assaulting a female co-worker at a different job in court on December 20th, 2022. The case was reported in local media and came across the attention of senior management in February 2023, the point at which Kashif was suspended with full pay.
A regional manager identified as “Ms A” testified that she was given the newspaper clip on February 10th, 2023 by another regional manager known as “Mr B,” who requested her to look into the situation and begin a disciplinary proceeding if necessary. In the disciplinary process, Kashif was accused of being “convicted of a criminal offence” and “withholding this conviction from your immediate manager.”
In a tribunal hearing, the fact that Mr Kashif had confirmed a criminal conviction during a disciplinary process initiated by his company’s investigators was revealed. Mr Kashif stated that he had notified his line manager, nicknamed Ms Z in the report, about his conviction the day following his court appearance. The company’s records showed Ms Z vouched for Mr Kashif’s testimony, a fact that all parties involved concurred with, the Workplace Resolution Consultant (WRC) highlighted.
However, evidence provided by Ms A indicated Ms Z, who was also the store manager, opted not to disclose Mr Kashif’s indictment. Aldi’s legal team highlighted provisions within Mr Kashif’s work contract which authorised an immediate dismissal for any criminal conviction that exceeded minor traffic violations. Additionally, Mr Kashif had confessed to the conviction.
In contrast, Constantine McMahon, Mr Kashif’s legal counsel, guided by Michael O’Donnell Solicitors, proposed that the severity of dismissal could only be justified if a discernible link existed between offences committed outside work and a potential detriment to the employer’s business.
Patsy Doyle, the mediator, criticised the lack of consideration for Mr Kashif’s previously faultless track record and considerate behaviour exhibited during the eight weeks between his conviction revelation and the reporting of it in the newspapers. She observed that Aldi had reacted hastily to the newspaper coverage, losing sight of potential business harm.
Ms Doyle voiced that Aldi’s swift reaction appeared more driven by a fear of projected harm than any actual damage occasioned by the media coverage, especially due to the fact that the supermarket chain remained anonymous in the report. She summarised that the details before her didn’t constitute sufficient justification for dismissing Mr Kashif. She stated Aldi had strayed beyond what would be deemed reasonable for a considerate employer.
In conforming with the Unfair Dismissals Act 1977, she decided to uphold Mr Kashif’s complaint. However, she determined Mr Kashif carried a 50 per cent liability for his own dismissal. As compensation, she awarded him €5,000, which was tantamount to two months’ gross salary.