Worker's 'derogatory' Facebook post about boss 'contributed' to his sacking from Donnybrook Fair
Published 12/06/2016 | 17:19
A man who "contributed significantly” to his own sacking by writing a “derogatory” post about his manager on Facebook has been awarded €5k by the Employment Appeals Tribunal.
Barrie Daly, who worked in Donnybrook Fair's Stillorgan branch, published a post about his store manager on Facebook after the pair clashed while talking on the phone on 9 January 2015.
Mr Daly said that he received a “condescending” phone call from his store manager about stock and was hung up on before he could respond. He said he was suffering with a toothache and “wasn’t in the best of form”.
He said that he tried to ring her back “up to 14 times”, but she wouldn’t answer the phone or speak to him when he did.
The manager denies that she was “hostile and verbally abusive” to Mr Daly. She said that in 14 years of working for the company, she had “never been called overly aggressive.”
Mr Daly made a complaint about the manager said that he wanted an apology for “child-like behaviour from what is supposed to be a manager”.
He admitted that he then went on Facebook and put up a “derogatory” post about her, which he was later told in a meeting classed as bullying behaviour.
In the meeting, Mr Daly offered his resignation but was told to “cool off”.
Later that morning he emailed a “sincere apology” to his manager, admitting what he had done was “rude and demeaning”.
Mr Daly was called to an investigation meeting where he “put his hands up” and wrote another letter apologising for his actions.
A senior manager of the store considered Mr Daly’s Facebook post “gross misconduct” and “did not consider any other sanction” except firing him.
Mr Daly said that what he had done was “inappropriate but not bullying”.
The tribunal found that there were “flaws in the company’s policies and procedures that rendered the dismissal of the claimant unfair.”
However, the tribunal also found that Mr Daly “contributed significantly” to his dismissal through his “offensive and inappropriate” actions.