Unauthorised beach holiday of used car dealer
【Summary】A used car dealer took an unauthorized beach holiday but unexpectedly ran into one of his employers in a bar in Portugal. After returning to work, he was confronted by senior sales executive and eventually left the company. The dealer is now taking the firm to an employment tribunal, claiming unfair dismissal. The ruling will be given at a later date.
A used car dealer named Gary Maloney took an unauthorized beach holiday, thinking that his bosses would never find out. However, he unexpectedly ran into one of his employers, Robert Griffin, in a bar in Portugal. This incident led to Maloney leaving the car dealership, but he has now taken the firm to an employment tribunal, claiming unfair dismissal.
The Workplace Relations Commission (WRC) was informed that Maloney had initially requested time off three months before the holiday. However, he was told by sales director David Griffin that all staff needed to be present at the dealership for a family wedding. Maloney claimed that he did not receive a clear answer and was told, "Ah, it should be okay."
The dealership denied this version of events and stated that Maloney left behind around 20 bookings and several leads. David Griffin revealed that they received numerous complaints and even lost a €60,000 sale that Maloney had made.
Despite not knowing where Maloney was, the dealership's bosses discovered his whereabouts when Robert Griffin unexpectedly encountered him in a bar. Maloney nervously asked if David Griffin was present and mimed a hiding gesture. They even took a selfie together, which was later circulated among the staff.
David Griffin chose not to address the matter during the family wedding, but when Maloney returned to work the following Monday, he was confronted by senior sales executive David Fleming. Fleming asked where Maloney had been, and Maloney simply shrugged his shoulders and said he had to go. He handed back his laptop and said, "Don't worry about it, I'm done, make sure I'm paid."
Maloney claimed that he was unfairly sacked by the firm and denied verbally resigning from his post. He stated that Fleming angrily asked him, "Where the f**k were you last week?" Maloney pointed out that Fleming knew where he was because he had a tan and because the photo had been circulated among the staff. Maloney said he was told to go home and leave the laptop, with the expectation that David Griffin would contact him.
Fleming disputed Maloney's account and stated that he did not have the authority to fire Maloney. Maloney's lawyer argued that the dismissal was unfair since no allegations were presented to Maloney, and there was no investigation conducted. The tribunal was adjourned for two weeks to allow for more submissions, and a ruling will be given at a later date.
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