Former Twitter Senior Executive Receives Record €550k WRC Award
Twitter, now rebranded as X, has been ordered to pay over €550,000 in compensation to a former senior executive based in Ireland. The Workplace Relations Commission (WRC) made this record award in an unfair dismissal case, setting a significant precedent in Irish employment law.
The Dismissal
The dispute arose from an email sent by Elon Musk, the new owner of Twitter, in November 2022. The email, titled “A Fork in the Road,” informed employees that to “build a breakthrough Twitter 2.0 and succeed in an increasingly competitive world, we will need to be extremely hardcore. This will mean working long hours at high intensity. Only exceptional performance will constitute a passing grade.” Musk asked employees to click “yes” on a link to confirm their commitment, warning that failure to respond within 24 hours would result in three months’ severance pay.
Gary Rooney, a senior executive in Twitter’s Irish operations, chose not to click “yes” and was subsequently denied access to Twitter’s systems. Despite Rooney’s objections, the company treated his non-response as a resignation and terminated his employment shortly thereafter.
WRC’s Ruling
The WRC’s adjudication officer, Michael MacNamee, ruled that Rooney’s employment was terminated solely because he did not click “yes” in response to the email. MacNamee concluded that failing to click the link could not be interpreted as an act of resignation. Instead, it constituted an unfair dismissal, as Twitter did not provide substantial grounds for terminating Rooney’s employment.
MacNamee criticised the company’s actions, noting that Rooney was available for work but was unjustly barred from doing so. He highlighted that the 24-hour deadline to agree to unspecified changes in working conditions was unreasonable, particularly for someone with nine years of dedicated service to the company.
The WRC also suggested that Mr Musk’s email was likely intended to secure either agreement to new terms and conditions or voluntary resignations, rather than being part of a legitimate workforce restructuring.
Employment Implications
Rooney’s legal team argued that accepting Twitter’s stance would mark a radical shift in employment law, where failing to tick a box could be considered a resignation. The WRC agreed, reinforcing that such an approach could not be accepted under Irish law.
The case also revealed that Twitter’s HR practices under Musk’s leadership, including the abrupt termination of access to company systems and the automated responses Rooney received, were inadequate and failed to follow proper procedures.
Outcome
Rooney was awarded €550,131 in compensation, including €200,000 for future loss of earnings. This ruling surpassed the previous highest award for unfair dismissal in Ireland, demonstrating the seriousness of the case.
This case has highlighted the legal responsibilities of employers, particularly during company restructuring. The decision serves as a reminder that employee rights must be respected, even in the face of drastic organisational changes.
