The Complainant was employed as an Assistant Manager in the Leisure Centre of the Respondent in a full-time capacity since October 2001. In 2009, he was informed that his hours were to be reduced to a 23 and half hour week usually worked over a three-day period. The Complainant stated that he was also involved with the training of sport teams to help supplement his income. The Complainant stated that the Respondent was aware of this and had never raised any concern.

The Complainant was called into a meeting with the Respondent to discuss the gym business that he had set up and was taken aback that the Respondent had an issue with his other project, because it had never been an issue in the past. He went to great lengths to explain the different category of clientele that he was aiming at as compared to the regular leisure centre member and user. The Complainant was placed on leave and his employment was terminated in March 2019. The Complainant felt that he was unfairly targeted by the Respondent.

The Respondent stated that it became aware from advertisements on social media that the Complainant was involved in establishing another commercial activity similar to the work he carried out with the Respondent. The Respondent raised the issue that the Complainant’s new venture was in direct competition with the Leisure Centre and they discovered it themselves inadvertently. The Respondent then found further advertisements about the opening of a “new gym”.  This facility was a mere two kilometres from the Respondent’s hotel and leisure centre, located in a small town.

The Respondent then conducted several meetings with the Complainant. The Respondent stated that the Complainant’s contract would be terminated unless he chose not to work with a competing business as there was a conflict of interest. The Complainant was given until the following day to confirm that he would quit his external business, or his contract would be terminated.

The Adjudicating Officer was satisfied that there was a clear conflict of interest and therefore a breach of the implied terms of the Complainant’s Contract of Employment. The Adjudicating Officer noted that there was substantial engagement from the Respondent at all times in an attempt to resolve the matter locally and at an early stage. Therefore, the Complainant had at all times been subjected to a fair procedure by the Respondent. The court found the dismissal of the Complainant was fair in all respects.
https://www.workplacerelations.ie/en/cases/2020/march/adj-00022039.html