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Twitter, now rebranded as X, has been ordered to pay over €550,000 in compensation to a former senior executive in what marks a record award for an unfair dismissal case by the Workplace Relations Commission (WRC). The decision follows the controversial dismissal of Gary Rooney, a former Director of “Source to Pay” at Twitter’s Irish operations.
The case stems from an incident in November 2022, when Twitter’s new owner, Elon Musk, sent an email demanding employees either accept new terms or face automatic termination. The email, which described the new work expectations as “extremely hardcore,” required employees to click “yes” to agree to unspecified changes or receive three months of severance. Rooney’s failure to respond by the deadline was interpreted by Twitter as resignation, leading to his dismissal.
Despite requests from Rooney’s legal team, Musk did not testify at the WRC hearings. Rooney argued that his termination resulted from not clicking “yes,” a claim Twitter countered by asserting that his non-response was a clear resignation.
The WRC adjudication officer, Michael MacNamee, ruled that Rooney’s dismissal was unfair. In a detailed 73-page ruling, MacNamee found that not clicking “yes” did not constitute resignation and that Rooney’s employment was terminated unjustly. The ruling noted that the email, titled “A Fork in the Road,” provided insufficient time for employees to make an informed decision, and described the 24-hour response window as unreasonable.
MacNamee’s report criticized the email’s intent, suggesting it was an attempt to alter employment terms or encourage voluntary redundancy rather than a legitimate resignation process. The ruling highlighted that Rooney had been available for work but was barred from accessing his job due to the termination.
Twitter’s defense, which claimed Rooney was solely responsible for his dismissal due to his non-response, was rejected. The WRC acknowledged Rooney’s inability to find a comparable position following his dismissal and his subsequent employment with a bank at a lower salary.
Rooney had been with Twitter for over nine years before his termination on December 18, 2022. His total compensation package at the time included a €137,000 salary and a 30% performance bonus. The WRC’s decision underscores a significant legal precedent in employment law, particularly regarding the fairness of dismissal procedures and employer demands.
The case, which involved five days of hearings between November 2023 and May 2024, also highlighted broader concerns about the impact of sudden policy changes on employee rights and workplace practices.