Aldi must pay compensation to ex-worker sacked after sexual assault conviction

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Aldi must pay compensation to ex-worker sacked after sexual assault conviction
Workplace Relations Commission
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The Workplace Relations Commission ruled that the company had unfairly dismissed Muhammad Kashif by 'veering outside the band of reasonableness' in reaction to learning about the conviction through a newspaper report

Aldi has been ordered to pay €5,000 compensation to a former store assistant who was fired after the German supermarket group became aware he had been convicted of sexually assaulting a co-worker in another job.

The WRC heard that Mr Kashif had informed his store manager on December 21, 2022 about his conviction the previous day for sexually assaulting a female co-worker in a fast food restaurant for which he received a two-month sentence suspended for two years. While the outcome was admittedly harsh, Ms Ennis claimed it fell within "the band of reasonableness" as Aldi had to ensure it operated a safe workplace.

A stores operations director with Aldi, Mr H, who conducted an appeal which upheld the decision to dismiss Mr Kashif said he ultimately decided the company could not absorb the level of risk of placing the complainant back into direct contact with other staff. Ms McMahon acknowledged the case was somewhat complicated legally by the fact that the event occurred "outside the company’s gates."

Mr Kashif claimed the issue of the sexual assault had been dealt with by the court but Aldi had put him through "another trial."In her ruling, WRC adjudication officer Patsy Doyle, said she was satisfied that Mr Kashif’s dismissal was solely related to his criminal conviction. The WRC official stated the criminal conviction was "a gravely serious situation for a high-profile employer" even though it had zero links with Aldi.

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