Dunnes Stores argued before the High Court yesterday it was not obliged to give a branch manager with 30 years service a reason why he was being dismissed.
The company was not making any allegations against Mr Sean Sharkey (50); it just did not want him any more, said Mr Ercus Stewart SC, for Dunnes.
Mr Justice Smyth remarked this was a man who had been thrown on the scrapheap without a reason and given two hours notice because "his face did not fit" after 30 years. Mr Stewart said every employer had a common law right to terminate a worker's employment for a reason or for none.
He was making submissions in the continuing hearing of proceedings taken against Dunnes by Mr Sharkey, Drumnavanagh, Co Cavan, a retail branch manager at Ardeasmuinn, Dundalk. Mr Sharkey claims he was wrongfully dismissed and is seeking reinstatement or alternatively damages.
Yesterday, Mr Stewart said Mr Sharkey had elected to pursue his claim by way of common law High Court proceedings.
Had Mr Sharkey chosen to follow the statutory remedy laid down by the Oireachtas in the unfair dismissals legislation, then Dunnes would have been required to justify the dismissal, give reasons, have substantial grounds for their decision and follow fair procedures.
Mr Stewart, who said he was not calling evidence, said Dunnes had approached the matter in an honourable way. It had written a letter within days of the termination of Mr Sharkey's employment.
It had realised it was a serious matter for this employee. At first it offered him £70,000 and, a week later, offered him £109,000, together with an array of benefits.
He said Mr Sharkey had been receiving his salary and benefits up to the present. There was no policy of letting people go at 48 years of age. They were not alleging anything against Mr Sharkey. They just did not want him any more.