• Thu. May 19th, 2022

A manager dismissed for a roaming data line on a mobile phone received compensation of €88,200

An operations manager fired for a roaming data line on a mobile phone was awarded €88,200 for wrongful dismissal.

it follows Workplace Relations Commission (WRC) arbitrator Davnet O’Driscoll upholding the operations manager’s claims against the inspection company and ordering the company to pay the man compensation total of €88,200.

Ms O’Driscoll ordered the public limited company to pay the man €80,931 for his unfair dismissal for gross misconduct and €7,269 in notice due.

Ms O’Driscoll concluded that the company’s actions did not fall within the range of reasonable responses to the conduct, nor were they proportionate given the seniority and seniority of the employee.

The man worked as an Operations Manager from 2006 until his unfair dismissal date on March 29, 2019.

The operations manager – who first worked as a cargo expert with the company – requested leave in September 2018 for a Christmas Eve 2018 leave.

This was denied and on December 24, 2018, the man’s wife texted to say her husband was ill and unable to come to work.

In mid-January 2019, the company’s managing director received an invoice suggesting, from text messages and data roaming, that the operations manager was in Germany on December 24, 2018.

The company suspended the operations manager when it was unhappy with his response to where he was on Christmas Eve.

The company asked for the man’s company phone and told him not to delete any company data from the phone, but it was returned with no data after being restored to factory settings.

In her findings, Ms O’Driscoll said the company considered the COO’s deletion of the data ‘constituted a breach of trust’.

Ms O’Driscoll said: “However, there was no evidence of any adverse impact or loss to the business resulting from these actions.”

Ms. O’Driscoll concluded that there was no evidence that the employer “considered any sanction other than dismissal”.

Ms O’Driscoll said: “I find that the complainant was wrongfully dismissed for substantive reasons. »

Ms O’Driscoll said given the checkered history of the relationship between the chief executive and chief operating officer in some years, compensation is the appropriate remedy.

Ms. O’Driscoll concluded that the operations manager contributed to her dismissal.

The operations manager said he worked in a specialty industry and hadn’t found another job since.

The man was seeking reinstatement and compensation for financial loss.

SIPTU argued that the sanction of dismissal was severe and disproportionate, that the operations manager’s long service record and work history had not been given due consideration.

SIPTU argued his suspension was a disproportionate reaction to his calling in sick one morning after sixteen years on the job.

SIPTU said the operations director’s actions in deleting the data were not deliberate as he was trying to protect his private material on the phone.

The company argued that the chief operating officer gave no explanation for the apparent discrepancy regarding its location on December 24, 2018.

The company said the removal of material was in direct contravention of the employer’s instructions and that the operations manager’s actions met the threshold of gross misconduct.

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