Informing a Dunnes Stores manager of 30 years service with the company that "his face does not fit" did not constitute a reason for his dismissal, his lawyer told the High Court today.
Judgment on the proceedings was reserved by Mr Justice Smyth in the case taken by Mr Sean Sharkey against the company. Mr Sharkey is seeking reinstatement to his position as manager of the Dunnes branch at Ardeasmuinn, Dundalk.
Mr John O'Donnell SC, for Mr Sharkey, of Drumnavanagh, Cavan, said his client had not gone the route of claiming unfair dismissal because what he wanted was to be reinstated in his job.
Dunnes had continued to pay him and no one had been appointed in his place since he was told he was no longer part of the company's future plans in October 2001.
Mr O'Donnell said it was important to Mr Sharkey that the court grant him a declaration that he was entitled to resume his position and be able to walk around Dundalk and say that Dunnes behaved wrongly, that the company was not entitled to dismiss him and the High Court had said it was wrong.
Mr Sharkey believed he could still do a good job. Nobody had said he could not do so or that he had not done so. A declaration would right the wrong which had been done to him, his counsel added.
Mr Ercus Stewart SC, for Dunnes, said Mr Sharkey had offered no evidence to support a claim that he had a permanent and pensionable position to normal retirement age.
There was no authority advanced to the court to support a claim that he got no notice of terminating his employment and therfore his dismissal was null and void. Neither had Mr Sharkey shown that it was an implied term of his contract that he had to be given reasons. The company had simply stated that it did not see him as part of its future plans.