Dunnes not obliged to give reasons for dismissal, court told

The High Court was today told by Dunnes Stores that the company was not obliged to give a branch manager with 30 years service…

The High Court was today told by Dunnes Stores that the company was not obliged to give a branch manager with 30 years service a reason for his dismissal.

According to Mr Ercus Stewart SC, for the company, Dunnes Stores was not making any allegations against Mr Sean Sharkey, a 50-year-old father of five, it just did not want him any more.

Mr Justice Smyth said this was a man thrown on the scrapheap without a reason and given two hours notice because "his face did not fit" after 30 years.

Mr Stewart said every employer has a common law right to terminate a worker's employment for a reason or for none. That was the law. An employee had the same right to leave their employment.

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He was making submissions in the continuing hearing of proceedings taken against Dunnes by Mr Sean Sharkey, of Drumnavanagh, Co Cavan, a retail branch manager at Ardeasmuinn, Dundalk. Mr Sharkey claims he was wrongfully dismissed and is seeking reinstatement or alternatively damages.

Mr Sharkey has told the court he was told at 3.15 p.m. on October 3rd 2001 to attend a meeting the same day at 5 p.m. with Dunnes Stores personnel in a hotel in Cavan town. He went to the meeting where he was told he was no longer part of the company's future plans and not to return to the store.

He said he had asked a dozen times why he was being let go and felt entitled to an explanation after 30 years service.

Mr John O'Sullivan SC, for Mr Sharkey, said Dunnes had to this day given no reason why Mr Sharkey was being let go. He had not taken the unfair dismissals route because he was available for work.