The Workplace Relations Commission found that Omniplex (Cork) Limited fairly dismissed Joseph Callaghan after the wrong film was screened at its Sligo cinema. The WRC also rejected his claim for payment in lieu of notice. Its decision was dated 29 June 2022.
Callaghan had worked for Omniplex since 1992. The Matrix Reloaded was shown instead of The Matrix in July 2019. Callaghan said the correct film had not been available on the cinema’s server and challenged the investigation and disciplinary process. The company said he deleted the correct film after the screening and dismissed him for gross misconduct.
The adjudicator found no deficiencies in the investigation or disciplinary process. Callaghan had declined to take part after being invited to do so. The adjudicator also found evidence placing him in the server room when the film was deleted, giving the company reasonable grounds to believe he had committed misconduct. The dismissal was within the range of reasonable responses and was fair.
The WRC found that no notice payment was due because Callaghan had been dismissed for gross misconduct. Both complaints were found not well founded: the unfair-dismissal complaint failed, and the Payment of Wages Act was not contravened.