Former Twitter Executive Wins Record €550k Unfair Dismissal Award

In Gary Rooney v Twitter International UC, the Workplace Relations Commission (WRC), Ireland’s equivalent to the Employment Tribunal, awarded a former Twitter executive a record €550,131 for unfair dismissal. This is the highest amount of unfair dismissal compensation ever awarded in Ireland. Below, we consider what happened and the WRC’s ruling. We also discuss what constitutes unfair dismissal and the requirements for bringing a claim.

If you believe you’ve been unfairly dismissed, you may be eligible to bring a claim against your employer. The employment law experts at Redmans Solicitors have extensive experience with such claims. Contact us today to discuss your circumstances, and we will be pleased to advise you on the next steps.

To get started, you can:

The Facts of Gary Rooney v Twitter International UC

Former Twitter Executive Didn’t Click “Yes”

Gary Rooney (the claimant in the case) commenced employment with Twitter International UC (the respondent) in 2013. During his employment, he worked his way up to the position of source-to-pay director, a role in procurement. He was very happy in his job prior to the company’s takeover.

In October 2022, South African billionaire Elon Musk paid $44 billion for the social media platform and immediately began to create “Twitter 2.0”. Elon Musk took a “hardcore” stance “to succeed in an increasingly competitive world.” 140 employees were made redundant during Musk’s first month of ownership.

On 16 November 2022, Elon Musk sent an email to the remaining 270 Ireland-based employees of the respondent. This was titled “The Fork in the Road,” and it set out the new standards that would be expected of employees going forward. It stated: “This will mean working long hours at high intensity. Only exceptional performance will constitute a passing grade.”

The email continued that if employees wanted to be part of the new Twitter, they should click “yes”. Those who did not, the email concluded, would receive three months of severance pay. The claimant, initially experiencing disbelief at the email, did not click “yes”.

Failure to Respond Results in Former Twitter Executive’s Dismissal

On 19 November 2022, the claimant received a further email from the respondent acknowledging his decision to resign. This confirmed that he had been deemed to have resigned on 18 November and that his access to the respondent’s systems had been deactivated as a result.

The claimant responded to the email the following week. He stated that he had not indicated his resignation to the respondent nor seen or accepted any separation agreement. However, the claimant was treated as having voluntarily resigned, along with 34 other employees who failed to click “yes” in the original email. The claimant subsequently brought a claim of unfair dismissal against the respondent in the WRC.

The Workplace Relations Commission’s Ruling

The former Twitter executive’s claim was heard by the Workplace Relations Commission in Dublin by adjudicator Michael MacNamee. After having heard the facts of the case over five days, the WRC ruled that the former Twitter executive had been unfairly dismissed.

Michael MacNamee stated that 24 hours was not reasonable notice for employees to make such a significant decision. He emphasised that the claimant’s concerns about Elon Musk’s leadership were not relevant to the legitimacy of the termination of his employment.

The former Twitter executive was awarded unfair dismissal compensation totalling €550,131 (more than £470,000) – the highest ever awarded in the country. This comprised the value of lost remuneration from January 2023 to May 2024 (€350,131) plus lost future remuneration of €200,000.

The claimant’s legal advisors expressed their pleasure at the WRC’s ruling. Speaking about the ruling, his solicitor stated: “It sends a strong message that even global corporations like Twitter must respect employee rights.” He added, “The record compensation awarded underscores the severity of the case.”

Unfair Dismissal Claims

Dismissal occurs when an employer ends an employee’s contract of employment with them. Under UK law, an employee’s dismissal might be unfair if they worked for their employer for at least two years and either (1) there was no fair reason for the dismissal, (2) the reason was insufficient justification for the dismissal, or (3) the employer did not follow a fair procedure.

Potentially fair reasons for dismissal include issues with the employee’s conduct, capability, or “some other substantial reason”. Redundancy and “a legal reason” (such as a driver who can no longer lawfully drive) are other potentially fair reasons for dismissal. Employers must provide information about the reason for the dismissal, when the contract will end, any notice period, and the right to appeal.

Even for employees who do not have the requisite two years of employment with the employer, some reasons for dismissal are automatically unfair. These include being pregnant or on maternity leave, taking part in industrial action for 12 weeks or less, and asking for a legal right. Constructive dismissal is another form of unfair dismissal. This is where an employee has no choice but to resign because of something serious their employer has done.

If you believe that you’ve experienced unfair dismissal, the employment law specialists at Redmans Solicitors would be glad to help. Contact us today for a free, confidential consultation. We can assess your eligibility to bring a claim and advise you on how best to proceed.

To begin, either: