‘Summarily sacked’ manager awarded €155,000 in unfair dismissal ruling

A senior manager who was “summarily sacked” in a phone call from his bosses in California and “considerably distressed” by allegations of fraudulent conduct, has been awarded €155,000 for unfair dismissal.

Judge Jacqueline Linnane, yesterday told a tearful Colm Nagle in the Circuit Civil Court that he had in no way contributed to his dismissal by Data Exchange Europe Limited, Clonshaugh, Dublin. She said his former employers had compounded their mistake by taking civil proceedings in which they had made serious claims of deceit against Mr Nagle, a father of two from Hampton Cove, Balbriggan, Co Dublin.

“I have no hesitation in dismissing that claim and awarding him €155,744 compensation for unfair dismissal,” she told Padraic Lyons, counsel for Mr Nagle.

Mr Lyons told the court the dismissal had devastating consequences for Mr Nagle, who had remained out of work for almost three years until just three weeks ago, when he had accepted a lower-paid position with another company.

Judge Linnane said the Employment Appeals Tribunal had found Mr Nagle had been unfairly dismissed but had made no award of compensation. Its decision had been appealed by both parties. The company had then sued Mr Nagle for €33,000 damages for deceit in the setting-up of a dummy order to boost company revenue targets and bonuses from which he and others had benefited.

The judge said Mr Nagle had been summoned without prior warning to take a conference phone call at his base in Dublin from his superiors in California. During a flawed disciplinary process, and in the absence of any fair procedures, he had been told he was being dismissed.

It was alleged he had asked a member of his sales team, Claudine Dahdah, to put through a dummy order knowing the customer had not committed to the €165,000 purchase, and then misrepresented to his managing director, Liam O’Halloran, that there was a verbal commitment of sale.

“I am satisfied from the evidence that, as a result of what Ms Dahdah told him, Mr Nagle honestly believed she had a verbal commitment and she was confident such an order would be confirmed,” the judge said.

The judge said it was clear from the evidence that Mr O’Halloran, knowing no written purchase order existed, had made the decision to process it and so instructed Mr Nagle who had told Ms Dahdah to enter it in the system.

Ms Dahdah and Mr O’Halloran had been reprimanded, given a warning and had to undergo ethical retraining. Mr Nagle had been summarily dismissed from his €65,000 job.

Marguerite Bolger, SC, who appeared with Cathal McGreal for the company, said she had received instructions to appeal the court’s decision.

Judge Linnane said Mr Nagle’s solicitors, Lavelle Coleman, had promptly dealt with matters and she did not wish the matter to drag on. She granted the company a stay on the basis that €75,000 be paid out to Mr Nagle now and the remaining €80,744 be paid into court within 10 days.