A SACKING sparked by a stale chicken wrap has cost food firm Gate Gourmet more than €50,000.

This follows the Employment Appeals Tribunal (EAT) ordering that the airline catering firm pay sacked supervisor Joe Smith €50,899 after ruling that he was unfairly dismissed in 2012.

Gate Gourmet Ireland Ltd generated revenues of over €12m last year in Ireland from its Dublin airport base.

The firm sacked Mr Smith for gross misconduct following an investigation sparked by a gone-off chicken wrap.

The investigation was initiated after one of Gate Gourmet's airline customers complained in April 2012 that the company supplied the airline with a chicken wrap that was out of date since February 2012.

The MD of Gate Gourmet told the EAT hearing that it takes such incidents very seriously.

The airline accounts for over €1.65m or 15pc of Gate Gourmet 2012 revenues and represented 30 jobs at the Swiss-owned firm.

Gate Gourmet's contract with the airline was due to expire in July 2012 and the tribunal was told that the MD of Gate Gourmet had a difficult job in retaining the business.

An internal investigation found that Mr Smith failed to follow standard operating procedures (SOP) in relation to the chicken wrap incident.

The firm's production manager dismissed Mr Smith on the grounds that he did not take responsibility for his job as store supervisor.

Two other employees who failed to notice that the chicken wrap was out of date were given final written warnings.

Mr Smith appealed the decision internally, however this was unsuccessful as it was found that Mr Smith had put Gate Gourmet's reputation at risk.

Mr Smith told the tribunal that another employee took responsibility for not checking and recording the product.

The EAT found "it was unfair and unreasonable to conclude that the claimant (Mr Smith) was solely and exclusively responsible for such failure. Termination of employment on the grounds of gross misconduct was a disproportionate sanction in all the circumstances".

The EAT said that this was taking into account Mr Smith had been employed by the firm for 19 years with an unblemished record. The EAT also stated that other personnel investigated received only final written warnings.

The EAT awarded Mr Smith €45,000 for the unfair dismissal and a further €5,,889 in lieu of eight weeks minimum notice.

Irish Independent