Unauthorized beach holiday after chance encounter with company director

author: FutureCar Staff    

A used car dealer named Gary Maloney found himself in an unexpected situation when he ran into one of his employers, Robert Griffin, during an unauthorized beach holiday in Portugal. This encounter led to Maloney leaving his job at Bill Griffin Motors and subsequently filing an unfair dismissal claim against the company.

The Workplace Relations Commission (WRC) heard that Maloney had initially requested time off for the week of October 10, 2022, but was told by sales director David Griffin that all staff were needed due to a family wedding. Maloney claimed that he didn't receive a definitive answer and was given the impression that it would be okay for him to take the time off.

However, the dealership disputed this and stated that Maloney left behind numerous unattended bookings and potential sales leads. David Griffin explained that they were left in a difficult situation with customers trying to reach Maloney, resulting in complaints and even a canceled sale worth €60,000.

Despite the company's uncertainty about Maloney's whereabouts, the truth came to light when he unexpectedly encountered Robert Griffin in a bar. Nervously, Maloney asked if David Griffin was also present and even mimed a hiding gesture. The two then took a selfie together, which was later circulated among the staff.

The following day, David Griffin spotted Maloney in a restaurant but chose not to address the issue during the family wedding. When Maloney returned to work the following Monday, he was confronted by senior sales executive David Fleming, who asked about his whereabouts. Maloney simply shrugged and handed back his laptop, stating that he wanted to be paid.

Maloney claimed that he was unfairly sacked by the company and denied verbally resigning from his position. He stated that Fleming angrily questioned him about his absence, even though Fleming was aware of where Maloney had been due to the circulated photograph. Maloney said he was instructed to go home and leave the laptop at the premises, with the expectation that David Griffin would contact him.

Fleming disagreed with Maloney's account of the events and stated that he didn't have the authority to fire him. Maloney's representative argued that the dismissal was unfair because no allegations were made against Maloney, and there was no investigation conducted.

The tribunal was adjourned for two weeks to allow for further submissions by Maloney. Bill Griffin Motors was also granted permission to seek a further hearing to cross-examine Maloney, although this may be done in writing. A ruling on the case will be given at a later date.

FutureCar Staff