Lidl manager who claimed warehouse work was ‘too physical’ for females loses challenge over sacking

A Lidl manager in Ireland has lost his unfair dismissal claim after being sacked for saying warehouse work was “too physical” for women and that he doesn’t hire female staff.

Gabor Hoff was dismissed from his role as deputy logistics manager at Lidl’s regional distribution centre in Charleville, Co Cork, in December 2022.

The Workplace Relations Commission (WRC) rejected his challenge under the Unfair Dismissals Act 1977 in a decision published today.

The incident occurred in October 2022 when a female colleague pulled a muscle in her leg while working in the warehouse.

Following this, Hoff made remarks to two female workers suggesting women should not work in the distribution centre.

In evidence to the tribunal, Hoff claimed his comments were taken out of context, stating he “didn’t believe a picking job was ideal for women because it was too physical”.

He said female staff assigned to handling slabs of beer the day before “found it too heavy and complained”.

Logistics manager Janice O’Connell told the tribunal that an agency worker, “Ms A”, reported Hoff’s comments on November 2, 2022.

Ms A reported that Hoff had stated the warehouse “was not a place for females to work as the work was too heavy” and that he “didn’t hire females for that reason”.

O’Connell said Ms A was “visibly upset and had tears in her eyes” when making the complaint.

When confronted, Hoff claimed he “couldn’t remember saying such a thing” but added that he “didn’t mean any offence” if he had.

The tribunal heard that Hoff was already on a final written warning for making “suggestive comments” to female staff.

He had also recently completed a training course about dignity at work just weeks before the incident.

Lidl’s disciplinary officer, logistics director John Hasson, said he believed the two women’s statements over Hoff’s version of events.

Hasson determined there had been a “breakdown in trust” and opted for dismissal rather than demotion or extending the final warning.

WRC adjudicator David James Murphy ruled that it was “entirely reasonable” to infer Ms A was offended since she had made a formal complaint.

Murphy noted that Hoff was on notice that “the comments in [and] of themselves were unacceptable” to Lidl.

Given Hoff’s previous warning for “inappropriate gender-related comments” and recent dignity training, the adjudicator found dismissal was a reasonable response from the employer.

The WRC dismissed Hoff’s claim as “not well founded”.