Elon Musk's X to commence Labour Court appeal against Irish record unfair dismissal award
In the ruling last August, Workplace Relations Commission (WRC) Adjudicator, Michael MacNamee, found that Twitter International UC - since renamed X Internet Unlimited Company- unfairly dismissed the company's former Director Source to Pay, Gary Rooney in December 2022 after he failed to respond to Elon Musk's 'Fork in the Road' email.
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Mr Rooney has yet to receive any of the monies as the case is before the Labour Court on appeal from Twitter International UC.
The published Labour Court diary confirms that the Labour Court has set aside hearing days for Tuesday and Wednesday of this week at the Labour Court's Dublin HQ for the appeal.
Solicitor for Mr Rooney, Barry Kenny of Kenny Sullivan Solicitors in Bray declined to comment on Monday ahead of the appeal.
However, commenting last month on the impending Labour Court hearing, Mr Kenny said: 'My client is anxious to put all this all behind him.'
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He said last month: 'The WRC determined that X's treatment of him as a long standing and loyal employee amounted to an unfair dismissal. Mr Rooney is anxious that the Labour Court will affirm this decision.'
Mr Kenny said: 'It is open to the Labour Court to increase or reduce sums awarded in the WRC as it will be a De Novo hearing.'
He said last month that X had advised that they intend to call at least three witnesses while Mr Rooney is the only witness in his own case.
At the WRC, Twitter International UC fully contested Mr Rooney's claim over five days of hearing contending that he had resigned voluntarily.
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In his findings, Mr MacNamee found that Mr Rooney was dismissed because he did not click 'yes' to Elon Musk's 'Fork in the Road' email on November 16th, 2022, and for that reason alone.
On November 16th, 2022, Mr Rooney and the Twitter workforce received an email from the world's richest man, Mr Musk who said: 'to build a breakthrough Twitter 2.0 and succeed in an increasingly competitive world, we will need to be extremely hardcore. This will mean working long hours at high intensity. Only exceptional performance will constitute a passing a grade.[....]
Mr Musk said: 'If you are sure that you want to be part of the new Twitter, please click yes on the link below.'
After Mr Rooney opted not to click 'yes' on the link, three days later on November 19th, 2022, Mr Rooney received a further company email which stated that it is 'to acknowledge your decision to resign and accept the voluntary separation offer'.
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On receiving Mr Musk's 'Fork in the Road' email, Mr Rooney said his first reaction was disbelief and he was initially afraid even to open it for fear that it was spam or malware.
The record €550,131 award was made up of Mr Rooney's remuneration losses of €350,131 from January 2023 to May 2024 and estimated future remuneration losses of €200,000.
The remuneration losses were based on Mr Rooney's Twitter remuneration of €323,560 made up of €151,225 in pay and €172,335 in deferred cash consideration.
Mr Rooney secured a new role with an employer in the banking sector in September 2023 on total remuneration of €129,897.
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