Date set for X’s appeal against unfair dismissal ruling

The Labour Court in Ireland has set a date for an appeal in a high-profile case between a former Twitter (now X) executive and the social media platform.

In August 2024, Gary Rooney won more than EU550,000 in compensation for unfair dismissal – a record high awarded by the Irish Workplace Relations Commission (WRC) in such a case.

He was working in a procurement role at X in October 2022 when billionaire Elon Musk took over the company and famously sent staff an email telling them they needed to be “extremely hardcore”, and that those who were not prepared to work “long hours at high intensity” would be kept on.

Musk asked staff to click “yes” in response to the ‘Fork in the Road’ email, and those who did not do so were told they would be given three months’ severance pay and effectively dismissed.

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Rooney did not click on the “yes”, and the tribunal ruled that this did not constitute an act of resignation, nor was it a breach of contract.

X is now appealing the unfair dismissal decision, and this has been listed for a hearing in the Labour Court in Dublin from 29 July for three days.

Rooney’s solicitor, Barry Kenny of Kenny Sullivan Solicitors, said: “My client is anxious to put all this 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.”

Kenny added that the WRC could increase or reduce the sum of compensation as this is a “de novo” hearing. This means the case will be heard from the beginning, as if it were the first time.

“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,” he said.

Musk attracted huge scrutiny when he took over the platform in 2022, with his decision to slash thousands of staff described as chaotic, and employees told via social media that offices would be closed and they would be locked out of systems.

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Originally posted on: https://www.personneltoday.com/hr/x-appeal-unfair-dismissal/