Car salesman sacked after failing to make a sale at busiest time of year loses unfair dismissal claim

However, in a comprehensive ruling, Adjudication Officer at the Workplace Relations Commission (WRC), Catherine Byrne has found that the dismissal was not unfair.

Ms Byrne made her ruling as the car salesman failed to sell any cars during a seven week period across January and February of 2018.

The man commenced work on January 8th 2018 and was dismissed on February 23rd 2018.

The letter of dismissal cited the man’s poor performance; lack of sales process and ability to carry out sales function.

Ms Byrne stated: “While it is regrettable that his aspirations to work as a car salesman with the company didn’t succeed, I am satisfied that, due to the fact that he did not sell any cars, the decision to dismiss him was not unfair.”

In November 2017, the man approached the car-dealership for a job stating that his family had run a dealership in South Africa and, although it was 17 years since he had been in the business, he felt that he had a flair for it.

In order to be at work, the man drove from his home in Westport to the Dublin dealership and rented a log cabin in a local scout camp for his Dublin accommodation.

However, two weeks into the job with no car sales, the car salesman had a meeting with the Head of Business and his own boss, the Sales Manager and a note written by the Sales Manager records that they asked the complainant to provide points on how they could “enable you to get selling cars as soon as possible".

On February 1st, the car salesman sent the Sales Manager a list of his requirements, including a filing cabinet, a computer tablet, business cards, a suit, copies of policies and training on the sales process and car delivery.

On February 15th, the car salesman attended another performance meeting and he complained that he was hampered in getting sales because he hadn’t got a computer tablet to do a quote in front of a customer.

At another meeting, the Head of Sales asked the complainant to consider his position and resign.

However, in response, the salesman asked his managers to “stop looking back” and he said that he could do better in future.

At the WRC, the car-salesman agreed that his “closure rate” was too small. He said that “by talking to the Head of Business, I realised that I struggled to get the right information from people…customers would get frustrated when I took so long giving them a quote.”

On February 21st, the salesman was requested to attend a meeting to discuss the fact that he had not closed any sales and was dismissed at the end of the meeting which took place on February 23rd.

The dealership told the WRC that sales representatives are paid €24,000 per annum and can earn up to €36,000 in commission giving an overall pay of €60,000.

The dealership state that around 50% of the annual sales are achieved during the first quarter each year.

The car firm stated that in the early days, the car salesman didn’t take ownership of problems, and blamed things like the training system or the fact that he hadn’t got a computer tablet.

The firm stated that he was defensive and, because of this, he had difficulties fitting in and staff didn’t want to work with him.

An email from January 22nd from the Head of Business said that after an absence of sales, “during his interview, (the complainant) led us to believe that he would be ready to sell and had all the required skills to carry out the role, however, I will require some convincing now”.

On why he decided to dismiss the car salesman, the Sales Manager told the WRC said that, despite the guidance he was given, he was causing frustration to colleagues and customers.

The Sales Manager stated that on one occasion, the salesman went for a test drive with a customer and left another customer sitting in the showroom.

The Sales Manager said that the salesman didn’t appear to listen to what customers wanted and this impacted on his ability to provide proper quotes.

The manager said that no cars were delivered to any customers that the complainant dealt with while one potential sale had fallen through.

The managers at the hearing said that they gave the car salesman whatever help he needed.

In seven weeks, they had three formal meetings, regular daily briefings and he had informal support from them and his colleagues. They rejected the suggestion that he was inhibited by not having a computer tablet or a work-suit.

The firm stated that based on the enthusiasm of customers who wanted to buy cars in the first quarter of the year, and the complainant’s failure to make any sales, they decided that he was not the right person for the job and they terminated his employment.

Ms Byrne also found the complainant’s claim that he was discriminated against because he is not Irish, and that he is South African to be without substance.