In a case that highlights the intricacies of holiday approval and workplace communication, Gary Maloney, a used car salesman, has been awarded €12,500 by the Workplace Relations Commission (WRC) after being unfairly dismissed by Bill Griffin Motors. The dismissal stemmed from an unapproved holiday in Portugal, bringing to light the importance of clear communication and fair employment practices.
Gary Maloney requested annual leave approximately three months in advance, seeking approval from the company's accountant. He was directed to discuss the matter with the Managing Director, Dave Griffin. Despite Mr Maloney's attempts to communicate his holiday plans due to a pre-booked trip with no cancellation policy, the situation remained unresolved.
Returning from his holiday in October 2022, Mr Maloney discovered a colleague at his desk and learned that he was considered absent without permission. The company recorded his employment as having ended on October 8th, 2022, without any prior investigation or notice of the job being at risk. The dismissal left Mr Maloney out of work until March 2023, estimating his losses at over €19,000.
The company, represented by Hugh O’Donnell BL, argued that Mr Maloney had resigned from his position, dismissing his claims as frivolous and vexatious. The firm contended that it had informed Mr Maloney of the need to adjust his holiday dates but received no written request. Allegedly, attempts were made to discover the reason for his absence on October 10th, 2022, leading to the towing of a car he left in a neighbouring premises.
The WRC adjudication officer - Davnet O’Driscoll - acknowledged conflicting evidence but ruled the dismissal as unfair on both procedural and substantive grounds. While the company presented letters referring to unauthorized leave and seeking resignation, Mr Maloney denied receiving such communications. The lack of investigation and disciplinary procedures after his return from leave contributed to the ruling.
Despite Mr Maloney estimating losses at over €19,000, the WRC awarded him total compensation of €12,500, considering his contribution to the dismissal.
The case underscores the importance of transparent communication, adherence to workplace policies and fair dismissal procedures. Unresolved matters concerning leave requests can lead to misunderstandings and a in this case, an unfair dismissal claim.
