Ireland’s Workplace Relations Commission has described a decision by University College Cork to unilaterally dismiss an economics professor as ‘astonishing’, adding that its HR director had no authority to fire the complainant.
The WRC’s adjudicating officer judged that Wim Naudé had been unfairly dismissed and ordered UCC to pay him €300,000 (£257,000), the maximum award under Ireland’s Unfair Dismissals Acts.
The facts of this case are so egregious that, left to my own devices, I would have reinstated the complainant back to the date of putative dismissal” – Lefre de Burgh, WRC adjudicating officer
It is the largest award ever made in Ireland against a public sector employer and the third-highest ever awarded by the commission to an individual. The adjudication officer said she would have awarded more if possible.
UCC hired Naudé in January 2021 but he initially taught remotely from the Netherlands due to Covid restrictions. His performance was described as “exceptional” and students’ grades reflected such.
It had always been Naudé’s intention to move to Cork. He raised concerns about the uncertainty of the pandemic at his interview and was told by UCC that it would be “very flexible” and keep everything “in review”.
Naudé told the commission that UCC had a duty to facilitate his relocation and it fell down in its duty of care. He characterised the support offered by the university as “tokenistic” in nature, at best.
The complainant outlined that relocation support was nonexistent and that he received no information – about schools, property etc – from the university.
He said a senior professor’s own assistant could not find him any accommodation. He went to Ireland in summer 2021, as soon as Covid restrictions eased.
He travelled there frequently from the Netherlands “chasing houses” and explained that he would make appointments with estate agents to view properties, sometimes only being told on the day that a viewing was cancelled.
Unfair dismissal
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In the following academic year, he attended UCC on campus one week per month and worked remotely from the Netherlands three weeks per month.
In July 2022, Naudé met with the head of the business school and discussed his ongoing difficulties relocating to Cork. It was suggested to him that he should put that in writing and that he had the right to ask for a reduction in his time in accordance with the staff manual.
Null and void
He then wrote to UCC on 1 August suggesting two options for the upcoming academic year 2022-23: one being a continuation of his full workload in the “blended format” and the other, a 33% reduction of hours.
Without warning or further discussion, a week later, Naudé received an email from UCC’s director of HR, Barry O’Brien, dismissing him.
The email said: “On a number of occasions since you commenced employment you have given absolute assurances that you would relocate to Cork … you continue to frustrate the requirements of your contract of employment … Accordingly, UCC now deems your contract of employment to be null and void and will proceed to give you three months’ pay in lieu of notice.”
At the commission, UCC argued that Naudé was entirely responsible for the dismissal because, to perform his duties, it required a physical presence. It submitted he had committed a fundamental breach of contract and that he was dismissed because he refused to move to Cork.
UCC made it clear there were no conduct or performance issues and said it did not initiate a disciplinary process in such circumstances. It maintained that the dismissal was fair, saying it was “appropriate and necessary” and that Naudé had fully contributed to his dismissal.
It submitted the fundamental breach of contract fell within the provision of “other substantial grounds” in Ireland’s Unfair Dismissals Acts.
Naudé told the commission the university’s behaviour and treatment of him was at odds with its suggestion that he was so appreciated as a leading academic in his field.
He said that his dismissal was decided “ad hoc” by O’Brien as “judge, jury and executioner”, adding “my career is finished”.
He said: “I was extremely shocked. I thought as director of HR that he would be au fait with the statute of the university. This is an attempt to end a 30-year career.” He added he was “never disciplined” but had been “rapidly promoted”.
Wholly oblivious
WRC adjudication officer Lefre de Burgh said the case “by any measure, is quite extraordinary”.
“I find the case run by the respondent university to be strikingly unconvincing, and it seems to me that it produces more questions than answers… Even more astonishing than Mr O’Brien’s putative, unilateral decision to dismiss the complainant outside of any procedure or process is that this is the case the respondent university advanced at hearing.”
In her decision, she added: “For clarity, I find that Mr O’Brien had no authority of any kind to dismiss the complainant, and it is entirely unclear – based on the evidence and arguments before me – why he thought he did.”
She said it was “entirely unclear” why UCC doubled down on its position at the hearing – a stance which meant it had submitted that it is “wholly oblivious” to the requirements of the legislative framework, the most basic requirements of fair procedure and natural justice, and the contents of its own internal policies.
“It is a quite incredible position. Of further note, is that no appeal of the putative decision to dismiss was offered,” she added.
“The facts of this case are so egregious that, left to my own devices, I would have reinstated the complainant back to the date of putative dismissal,” said de Burgh. However, Naudé had indicated that the sole remedy sought was for compensation. The adjudication officer believed the losses suffered far exceeded the maximum jurisdiction of the Act.
“I further note his evidence that he is no longer entitled to use the title “Professor”; and his evidence in relation to the knock-on impact on his ability to source consultancy work as he is no longer attached to a state university, due to the dismissal, which has impacted inter alia his ability to mitigate his losses.”
She found the complaint of unfair dismissal well-founded and directed UCC to pay Naudé two years’ gross salary totalling €300,000 within 42 days.
A spokeperson for University College Cork said: “UCC accepts the outcome of the WRC.”
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