Supermacs not legally bound to pay €7.5k for unfairly dismissing manager for no apparent reason
The Labour Court has recommended that Supermacs pay an "over-qualified" store manager €7,500 compensation after finding that he was unfairly dismissed for no apparent reasons.
Labour Court deputy chairman, Caroline Jenkinson stated that the three-member court was satisfied that the worker’s dismissal “was unfair, devoid of any procedures and taken for no apparent reasons”.
Ms Jenkinson stated: “In all the circumstances, the court recommends that the company should pay him the sum of €7,500 in compensation for his unfair dismissal, within six weeks from the date of this recommendation.”
However, it is likely that the sacked worker will not receive any monies from Supermacs Ireland Ltd from the case as the recommendation is not binding on the Supermacs company.
The man claimed unfair dismissal arising from his dismissal on July 5, 2019, during his probationary period.
The unnamed worker was hired as a Store Manager on January 16, 2019, and successfully completed his training and was assigned to manage his own restaurant. On July 5, 2019, he was dismissed without any warning.
At a recent Labour Court hearing into the case where Supermacs did not attend, the worker said that his six-week training period was very positive and that he was assigned to manage his own restaurant.
He said that on July 5, 2019, he was very shocked when, without any previous feedback, he was told that his probationary period was unsuccessful.
He said that at no point was there any indication that he would be unsuccessful in his probationary period.
The worker told the Labour Court he received a letter from his Area Manager on July 5, 2019, informing him that a decision had been made to terminate his employment“due to unsuccessful probationary period”.
He said that he was shocked by this development as he had been given no warning, no performance discussions, no progress talks.
Rather he said that he had only received positive feedback regarding his performance.
He claimed that management were not satisfied that he was engaged in study for exams and maintained that he was overqualified for the position.
When contacted for comment today, Supermacs MD, Pat McDonagh stated that he was unaware of the Labour Court ruling.
Mr McDonagh said: “I am working remotely currently and that may be the reason why I don’t know about it and of course, there are more pressing issues right now with the business.”
Mr McDonagh stated that it was his understanding that such an award is non-binding as the dismissal took place within six months of the worker commencing his probationary period.
Speaking generally, Mr McDonagh said: “Sometimes people work out and sometimes people don’t work out as the job may not suit them.”
