An Irishman loses his job after spending an “unofficial” holiday in Portugal and clashing with his boss Euro Weekly News

A photo of Praia do Camilo beach in the Algarve region of Portugal. Credit: Paul Kazmierczak/

An Irishman lost his job after he decided to go to Portugal for a one-week holiday in October 2022.

The car salesman, Gary Maloney, allegedly flew to the Algarve without first getting permission from his boss. While at a resort AlbufeiraHe had the misfortune of bumping into his employer, who later fired him, according to him

In the case, which has already been brought to the Workplace Relations Commission, Mr Maloney has been charged DublinBill Griffin Motors Ltd., Inc., unlawfully dismissed him.

According to his complaint filed under the Unfair Dismissal Act 1977, the vendor claimed that when he asked for time off for the week of October 10: “I didn’t get a yes, I didn’t get a no.”

He also recalled being told, “Oh, it should be fine,” by the company’s sales manager. Mr Maloney explained that he was asked to hand over his laptop within five minutes of returning to work on Monday 17 October 2022. He was then asked to leave the premises.

Mr Maloney’s request for leave was “never granted”.

The sales manager said he never approved the leave request because he wanted his entire sales team to work while he and another manager would attend a family wedding.

“We were just left in the lurch,” said David Griffin, sales manager, referring to the vendor’s absence. He noted that Mr. Mahoney’s request for leave was never granted because he expected the entire sales force to be available while he attended a wedding in Algarve With another manager.

‘We had a lot of customers trying to contact Gary. Mr Griffin continued: “We received a lot of complaints and a large sale, a €60,000 Volvo XC90 that Gary sold, was cancelled.”

The employee is also alleged to have departed, leaving behind a “huge amount of leads” and bookings for the sale of at least 20 cars.

Mr Griffin insisted that all attempts to contact Mr Maloney that week, whether by phone or mail, were unsuccessful. But the seller denied receiving such communications from the company.

Another director gave evidence to the court

Giving evidence, another director who attended the wedding in Portugal described how he met Mr Maloney in a bar in Albufeira.

“Uh, is Dave here?” Robert Griffin quoted the salesman as asking him while making a “hide” gesture, as the company’s lawyer later described it. Mr Griffin added: “He knew he shouldn’t have been there, he should have been at work.”

After bumping into the director, Mr Maloney requested a selfie which he then shared with colleagues in Ireland.

Speaking about the moment he saw his employee, David Griffin said: “I saw him in a restaurant, but it could have been on a Thursday or Friday.” I stayed away. There is no point in bringing up an HR issue at a family holiday – a wedding.”

A colleague approached him when he returned to work

On his return to work, David Fleming, another employee of the company, called Mr. Maloney and asked him where he had been the previous week.

Mr Maloney told the court he told his colleague: “Number one, well, he knew where I was, I was out in the sun because I had a tan.” Second, you were aware that the person you sent the photo to had distributed it to all other employees.

The seller explained: “I was asked to go home. I was told to leave the laptop in the building and that Dave would come home on Tuesday and he would call me. He also noted that Mr Fleming told him: ‘If Dave comes and offers you your job, it’s either you or I”.

Giving evidence: Mr Fleming said: “I asked: ‘Where have you been?’” Mr Fleming said. Obviously we knew that because of the photo. shrug. He said he had to go. Was I a little angry? Yes. Was I screaming and screaming? no’.

Mr Fleming continued: “He turned around, shrugged his shoulders, handed the laptop back and said: ‘Don’t worry about it, I’m done, make sure I get paid.'” He returned the laptop with both hands: “I’m in debt for a few pounds, make sure they pay” – that sort of thing. from words”.

In his defence, referring to the exchange of words, Mr Maloney told the court he asked Mr Fleming: “Are you finished?” There was a question mark. That was the question.

His lawyer claimed Mr Maloney was unfairly fired

In a legal submission, Eoin O’Connor BL, acting on behalf of Mr Maloney at Richard Bowman Solicitors, said: “We say he has been dismissed rather than resigned.”

Mr O’Connor insisted that the manner in which his client was dismissed was unfair, as no proper investigation was carried out or any allegations made against him.

Mr Maloney came to the workplace on Monday to “verbally hand in his resignation”, according to Hugh O’Donnell BL, on behalf of Bill Griffin Motors. He was not fired as he claimed, and the salary due to him was paid at the end of the month.

After claiming he then went looking for new work after Revenue Commissioners informed him at the end of October that he was no longer an employee of Bill Griffin Motors, Mr O’Donnell insisted his client was entitled to see evidence to prove this. The truth, and I asked permission to question Mr. Maloney about it.

Mr Maloney was given two weeks by the arbitration office’s Daphneet O’Driscoll to provide evidence of the losses he claimed. The former seller also agreed to provide evidence proving that he was looking for a new employer. The matter was later postponed for legal review.

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