A used car salesman who was fired after running into one of his company’s directors while on a sun holiday in Portugal that had not been approved by his employer has been awarded €12,500.
The Workplace Relations Commission ruled that the salesman, Gary Maloney, had been unfairly dismissed from his job by Bill Griffin Motors which operates a used car superstore at Kingswood Cross, Dublin 22.
Mr Maloney claimed he found out he was sacked after returning to work from the holiday in October 2022.
He told the WRC that he had requested annual leave approximately three months in advance from the company’s accountant, who told him to discuss the matter with the firm’s managing director, Dave Griffin.
Mr Maloney said Mr Griffin told him he wanted a full crew of staff working the week he wanted to take a holiday as there was a family wedding on the same week.
He claimed Mr Griffin said the situation should be “fine” and to talk again before the relevant date after he explained that his partner had already booked the holiday for a trip which had no cancellation policy.
Mr Maloney said none of the directors were available when he tried to raise the matter again about 10 days before he was due to go on holiday.
He claimed he found a colleague sitting at his desk when he returned to work from holiday on October 17th, 2022.
Mr Maloney said his line manager told him that nobody knew where he had been for the previous week, although he had bumped into one of the company’s directors while on holiday.
Revenue
He told the WRC that he was sent home to await a call from one of the directors but only found out subsequently from Revenue that his employment was recorded as having ended on October 8th, 2022.
Mr Maloney said he was not subject to any investigation or meeting before being fired nor was he advised his job was at risk.
The complainant who had worked at Bill Griffin Motors for just over 12 months, said he was out of work until March 2023 and estimated his losses at just over €19,000.
Counsel for the company, Hugh O’Donnell BL, disputed claims that the salesman had been fired and said his complaint was frivolous and vexatious as he had resigned from his job.
The WRC heard that the firm’s holiday policy was that any requests must be submitted in writing at least four weeks in advance.
The company claimed Mr Griffin had told Mr Maloney that he needed to move the dates of his holiday but that no written request was ever received.
Mr O’Donnell said attempts were made to find out why Mr Maloney was absent from work on October 10th, 2022, while it was arranged to have a car he left in a neighbouring premises towed.
Holiday photo
The WRC heard that Mr Maloney sent a colleague a photo with Mr Griffin’s brother, Robert whom he had met in Portugal on October 13th, 2022.
The salesman was also spotted by David Griffin in a bar in Portugal later the same day. The company claimed Mr Maloney returned to work on October 17th, 2022 when he was made aware of customer complaints and lost sales.
He was advised by his line manager to put his head down and apologise to his colleagues while the matter would be addressed by Mr Griffin the following day.
The company claimed he handed back his laptop adding: “Ah we’ll leave it. I’m done anyway.”
Mr O’Donnell said he did not want to dismiss Mr Maloney as it had a good working relation with him. However, he pointed out that the salesman did not return his company phone or keys to the company car.
WRC adjudication officer, Davnet O’Driscoll, acknowledged there was a conflict in evidence over what happened in relation to Mr Maloney seeking leave to go on holiday as well as whether he had resigned or was dismissed from his job.
Letters
Ms O’Driscoll said the company had provided evidence of letters being delivered to Mr Maloney in October 2022 referring to taking an unauthorised holiday and causing serious issues for staff and customers and seeking his resignation in writing.
She noted that Mr Maloney denied receiving any such letters or calls. Ms O’Driscoll said she accepted the salesman’s evidence that he was told to leave the premises and that his employer would be in contact.
She said there was no evidence of any investigation into the issue or any disciplinary procedure being used after Mr Maloney had returned from leave.
Ms O’Driscoll ruled that his dismissal was unfair “on both procedural and substantive grounds".
While he estimated his losses at €19,026, she awarded him total compensation of €12,500 to reflect his contribution to his dismissal.
