AIB dismissed bank official after he failed to disclose €407k mortgage debt

Labour Court finds that the decision by bank to dismiss employee was fair and within the range of reasonable responses of a reasonable employer

The Labour Court ruling upholds an earlier decision by the Workplace Relations Commission, or WRC, to dismiss Mr Fitzpatrick’s unfair dismissal claim. 

AIB dismissed a bank official after he failed to disclose that he was in significant arrears in his mortgage payments and the amount owed totalled around €407,000.

Jason Fitzpatrick had sued AIB for unfair dismissal and now the Labour Court has dismissed Mr Fitzpatrick’s claim.

In the ruling, Labour Court deputy chairwoman Louise O’Donnell found that the decision by AIB to dismiss Mr Fitzpatrick was fair and within the “range of reasonable responses of a reasonable employer”.

Fitness and probity

Mr Fitzpatrick was required to provide accurate replies to questions on his own finances under the Central Bank’s fitness and probity regime.

Ms O’Donnell found that Mr Fitzpatrick was aware of the importance of the fitness and probity regime and “he had on more than one occasion declared that he was financially sound when he in fact had significant debt”.

The Labour Court ruling upholds an earlier decision by the Workplace Relations Commission, or WRC, to dismiss Mr Fitzpatrick’s unfair dismissal claim. 

The case was before the Labour Court on appeal by Mr Fitzpatrick.

Mr Fitzpatrick started his current employment with AIB in June 2014. He was dismissed in February 2018. Mr Fitzpatrick had worked previously for AIB, in 2010. According to AIB, Mr Fitzpatrick was required in 2010 to sign a pre-employment declaration confirming his financial affairs were in order.

In significant arrears

AIB told the Labour Court that Mr Fitzpatrick signed the form when in fact he was in significant arrears with his mortgage which he failed to declare.

In 2016, Mr Fitzpatrick again completed a probity questionnaire. In July 2017, Mr Fitzpatrick spoke with his manager with a view to making an application to AIB for a mortgage. 

Mr Fitzpatrick disclosed he had significant financial difficulties and was in talks with his financial provider.