Cieslik V Musgrave Retail Partners Ireland Limited [2015]

The claimant was dismissed by reason of gross misconduct and in particular findings of dishonesty and fraud. The claimant had been a general operative / fork lift driver with the firm for some six years, based in their Kildare warehouse. Each pallet of goods arriving has a non-transferable number that identified what was on the pallet and where it should be stored, although sometimes exceptional codes would be used where something went wrong e.g. a pallet may be directed to a particular loading bay and when the driver gets to that bay he might find that the bay is already full. Pallets might then be given an exception code or be placed in an area referred to as the 'sin bin'. A bonus system