The Labour Court has set aside three days next month to hear an appeal by Elon Musk’s X against a ruling that it must pay out an Irish record unfair dismissal award of €550,131 to a former executive.
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 of source to pay, Gary Rooney, in December 2022 after he failed to respond to Elon Musk’s “Fork in the Road” email.
Mr Rooney has yet to receive any of the money as he is before the Labour Court on appeal from Twitter International UC.
Solicitor for Mr Rooney, Barry Kenny of Kenny Sullivan Solicitors in Bray, confirmed that the case “is listed for hearing in the Labour Court on July 29th for three days”.
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Mr Kenny said “My client is anxious to put all this all behind him.
“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 Rooney is also hopeful that the claim under the Payment of Wages Act and his loss of income arising due to the fact that he was unfairly dismissed is also affirmed,” he said.
At the WRC, Twitter International UC fully contested Mr Rooney’s claim over five days of hearing contending that he had resigned voluntarily.
In his original findings, Mr MacNamee found that Mr Rooney was dismissed because he did not click “yes” toMusk’s “Fork in the Road” email on November 16th, 2022 and for that reason alone.
Three days after Mr Rooney opted not to click “yes” on the link, 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”.
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.
He secured a new role with an employer in the banking sector in September 2023 on total remuneration of €129,897.
“It is open to the Labour Court to increase or reduce sums awarded in the WRC as it will be a De Novo hearing,” Mr Kenny said.
“X have advised that they intend to call at least three witnesses, some or all of them may be giving evidence remotely from the USA.
“Mr Rooney is the only witness in his own case.” Mr Kenny said.
