Business
Man unfairly dismissed by Avoca after allegedly calling staff names and vomiting in store
DCM Editorial Summary: This story has been independently rewritten and summarised for DCM readers to highlight key developments relevant to the region. Original reporting by Irish Times, click this post to read the original article.
A former senior manager with retailer Avoca has won an unfair dismissal case after losing his job for allegedly using abusive language towards his colleagues after vomiting in one of the company’s stores.
Colin Egan had worked as a senior team lead with Avoca for more than three years at the time of the incident that led to his dismissal for gross misconduct in November 2023.
Ivan Judha, a food hall manager, told a Workplace Relations Commission (WRC) adjudication hearing Egan appeared “agitated” when he turned up for a stocktake at the company’s store in Ballsbridge, Dublin.
He recalled seeing Egan had vomited on the floor and went to look for a cleaner. He said he then heard Egan “shouting and screaming” at the general manager of the store, referring to her and other staff as “c***ts and b***hes”.
The WRC heard evidence that Egan walked aggressively towards the front door, shouting “let me out, let me out.” The general manager said he was behaving so aggressively that she was afraid he would go through the glass door.
She also said Egan had entered her office and blocked the door, calling her a “f***ing c**t”, and referring to other managers as a “joke” and “r****ds”. She felt cornered and uncomfortable, she said.
After Egan vomited, the general manager told him to go home, but he refused to do so, saying his colleagues would “probably f**k up” the stocktake in his absence.
An investigation was commenced following the incident, and Egan was interviewed along with witnesses. He was invited to a meeting in relation to three allegations: serious acts of insubordination, disruptive behaviour and the use of abusive or foul language.
At the meeting, Egan claimed his bad language had not been directed at anyone in particular, and his disruptive behaviour occurred only after he had vomited. This was disputed by witnesses for the company.
The investigation officer concluded the allegations were founded and recommended that the matter be progressed to a disciplinary process, which was carried out by the firm’s finance business partner.
He said Egan showed no remorse and appeared indignant about the process. He said being sick was not adequate mitigation for calling colleagues such names.
A decision was taken to dismiss Egan for gross misconduct. The finance business partner said staff cannot be afraid of their colleagues, and the language used was not just “bad”, but “abusive”.
Egan, claiming his conduct had been mischaracterised or misunderstood, argued the procedure leading to his dismissal was flawed and the decision was disproportionate.
He told the WRC that mitigating factors were ignored and his record was unblemished prior to the incident.
Initially, he told the adjudication hearing he did not recall using the words “c**ts” and “b***hes”, and definitely did not use the word “r****ds”.
Under cross-examination, however, he accepted that he used the word “c**t” – “once or twice, tops” – and claimed he was thinking of someone who was not present when he yelled it.
He also admitted to using the word “b***hes” once or twice, and that he may have said the situation was “r****ded”. Asked if he was changing his answers, he replied: “Not really.”
In her decision, WRC adjudication officer Elizabeth Spelman noted a number of flaws in the procedure leading to Egan’s dismissal. She said a failure to provide him with minutes of witness investigation meetings on time was of “particular concern”.
There was also some disagreement about what “insubordination” meant in the context of the disciplinary process. She therefore concluded Avoca Handweavers Shops Limited had failed to afford Egan fair procedure.
This failure rendered the dismissal outside the band of what was reasonable and was therefore unfair, she said. Noting that Egan had contributed to his dismissal by way of his conduct, she awarded compensation of €2,760.
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