Mechanic’s freelance work not a problem until unhappy client produced a gun

Mechanic Mark Hosey wins unfair dismissal claim against Mark Johnson Motors

Mechanic’s freelance work not a problem until unhappy client produced a gun
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A mechanic in Ireland has won his claim for unfair dismissal against the garage he worked at but will receive limited compensation.

Mark Hosey started working at Mark Johnson Motors in April 2013, working 39 hours a week for wages of €660 per week. With the permission of the garage owner, the complainant did work on a self-employed basis in the respondent’s workshop.

Mr Hosey was dismissed in May 2021 for ordering parts for his out-of-hours work – known as ‘nixers’ in Ireland – and charging them to the business. He claimed that the dismissal was unfair.

The complainant maintained that there were no issues with his conduct until August 2019 when a customer of his nixer business came to the garage, took out a gun and threatened to kill him.

Two years later, the garage owner said he “became suspicious” when he saw parts for a customer had been charged to his account, but that customer told him he had paid the €400 repair fee to Mr Hosey. The garage owner said the job should have cost €100 in labour and €25.50 plus VAT for the part installed.

Mr Johnson also discovered 26 invoices from an automotive supplier “scrunched up” in a toolbox detailing parts charged to the garage’s account between July 2018 and May 2021. The alleged death threat took place in August 2019 and was cited in a dismissal letter two years later.

When challenged, Mr Hosey denied charging the parts for to the garage’s account, saying he “couldn’t prove that he paid for every drop of oil” or ”coolant, wipers and bulbs”. Mr Hosey told Mr Johnson “you’ve made up your mind”, before walking away from his job.

At the tribunal, Mr Hosey admitted to not paying for the parts as he had “a few issues that he is out of pocket for”.

Mr Johnson’s barrister, Cathy McGrady BL, said: “There were no issues with the complainant’s conduct until August 2019 when a customer of his ‘nixer business’ came to the garage, took out a gun and threatened to kill him.”

She said the garage had suffered losses of €6,249 and that the complainant was “always aware of the allegations”.

“He did not explain why invoices for parts ordered for his jobs were charged to the business. He was given an opportunity to prove that he paid for the parts, but he did not do so,” Ms McGrady added.

In response, Mr Hosey’s barrister, Fionnán Long BL, said the ’nixer business‘ and practice of ordering parts cited in the dismissal letter had been agreed between the garage boss and his client. He also said the gun incident, which took place two years before the dismissal, could not have been the operating cause.

“Also, the complainant cannot be expected to be responsible for the conduct of a customer,” he added.

Adjudicating officer Catherine Byrne agreed that Mr Johnson couldn’t use the gun incident to “bolster” the reasons for dismissing Mr Hosey having taken no action at the time.

Ms Byrne said the garage had “reasonably cause” to sack Mr Hosey, but ruled the dismissal unfair on procedural grounds.

In conclusion, she said the garage was in breach of the Terms of Employment (Information) Act 1994, and said: ”I decide that this complaint is well founded and I direct the respondent to pay the complainant compensation of €2640, equivalent to four weeks’ pay.  This award is made by way of compensation for a breach of a statutory entitlement.”

The garage was also in breach of the Minimum Notice and Terms of Employment Act 1973, and received a further order of four weeks’ pay in lieu of notice. Again, this amounted to €2640.

Source: The Irish Times

2 Comments

  1. So basically the mechanic did 3 or 4 things wrong & still gets a compensation??? please make it make sense????

    Reply
  2. Being an employer just ain’t worth it

    Reply

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