IT worker loses out on €25k unfair dismissal payment after seeking more compensation

A computer engineer who was awarded €25,000 after being unfairly dismissed from his job ended up having the decision reversed after he appealed the level of compensation.

Siavsundarasan Periasamy ended up with no award after the Labour Court overturned his appeal against a decision by the Workplace Relations Commission that his former employer, Microchip Technology Ireland, had unfairly fired him from his job with the technology firm in January 2018.

The Labour Court heard Mr Periasamy began work with Microchip, a Dublin-based manufacturer of printed circuit boards, in May 2004 as a senior engineer before being promoted to a team leader in November 2014.

He earned a basic salary of €64,251 at the time of his dismissal which could reach €95,108 with bonuses.

Labour Court deputy chairperson, Louise O’Donnell, explained at the outset of the appeal to Mr Periasamy, who was not legally represented, that the court would examine the full case and not just the level of compensation as all appeals were heard de novo.

Mr Periasamy agreed to allow the case to proceed, even though he was advised the Labour Court could uphold, vary or overturn the WRC’s ruling.

Lawyers for Microchip told the hearing that it became obvious within a short space of time following the appellant’s promotion that there were difficulties with the way he interacted with other staff.

Nine months after the promotion he was issued with a notice about his performance and his bonus was cut by 50%.

Boot camp

The court heard Mr Periasamy attended a two-week boot camp to try and remedy his shortcomings but there was no change.

He was issued a total of four notices about his dealings with his team and customers and placed on a performance improvement plan.

After failing to cooperate with the plan, Mr Periasamy was given a written warning and advised he could face dismissal over the issue.

Microchip claimed the appellant’s failure to address their legitimate concerns led to him facing disciplinary issues which ultimately resulted in his dismissal.

The Labour Court heard Mr Periasamy had turned down an opportunity to revert to his previous grade in the company.

Counsel for Microchip, Tiernan Lowey BL said Mr Periasamy reacted to the performance improvement plan in a very negative manner and believed there was a plot to get rid of him.

Mr Periasamy claimed he was regarded as a threat by his manager who did not consider his skills and experience as an asset.

He also maintained unsubstantiated allegations were made against him while he was set unreasonable goals to achieve.

Numerous opportunities offered

Outlining the court’s ruling, Louise O’Donnell, said it was satisfied that Microchip had afforded Mr Periasamy numerous opportunities to make the required improvements.

Ms O’Donnell noted the company had provided coaching and training for him but there had been no improvement in his performance.

She said the improvements in performance required by Microchip were “reasonable.” The court ruled he failed to engage with his employer in a manner conducive to resolving the issues.

Ms O’Donnell said his failure to accept the required change in his behaviour or performance presented “an insurmountable challenge” to Microchip.

Overturning the WRC decision and award of €25,000, the court ruled Mr Periasamy’s dismissal was fair.