Background:

The Complainant had been employed as a sales representative by the Respondent from 4 October 2021 until 8 October 2022, when his employment was terminated. Prior to this termination, the Complainant requested annual leave three weeks prior to its occurrence to attend a wedding, which had been booked prior to it having been requested. The Complainant was advised by the Respondent that those dates were unavailable because other members of staff had already booked their holidays for the same time. The Complainant alleged he was later given an assurance that “it would be fine”, but this was denied by the Respondent. The Complainant went on annual leave, and by coincidence encountered a Director of the Respondent in as they were both in Portugal.

It was in dispute what occurred upon the Complainant’s return from his holiday. The Complainant alleged that upon his return, his desk had been taken by a colleague and he was sent home. He was told he would receive a call from a Director of the Respondent, but never did, and only received an email regarding his holiday pay. The Complainant alleged it was only upon checking with Revenue that he found he was dismissed, effective 8 October 2022.

The Respondent rejected this account, stating that the Complainant worked on 8 October 2022 and was absent from 10 October 2022 onward. The Respondent attempted to contact the Complainant on several occasions during this unexplained absence and only learned of his whereabouts after receiving a picture with the Complainant and a director of the Respondent. Mr Fleming, the Managing Director, said he spoke with the Complainant and advised him that while he was “not the flavour of the month”, the Complainant should put his head down, apologise to colleagues, and figure out his work. The Respondent alleged the Complainant shrugged and handed Mr Fleming his laptop, saying “ah we’ll leave it, I’m done anyway”, effectively resigning on the spot. The Respondent attempted to contact the Complainant on multiple occasions but with no reply.

Outcome:

The Adjudication Officer noted the conflict in evidence and the presumption under the Unfair Dismissals Act 1977 that a dismissal is unfair unless shown otherwise. The Adjudication Officer found that the Respondent had not met their evidential burden to show that the dismissal was not unfair, and as a result found the complaint well-founded. After taking into account mitigation of loss and the Complainant’s contribution to his own dismissal, the Complainant was awarded €12,500.

Practical Guidance for Employers:

Documentation and retention of all processes, especially disciplinary procedures and resignations, are essential to rebut any allegation of unfair dismissal.

The full case is here:
https://www.workplacerelations.ie/en/cases/2024/january/adj-00044464.html