Can an employee be fired for looking for another job?
In general, no. If an employee was fired for looking for another job, they may be entitled to bring a complaint to the Workplace Relations Commission under Section 8 the Unfair Dismissals Act, 1977.
Fired for looking for another job – case law
In the case of A Driver v A Driver Maintenance Company (ADJ00018286), the employee challenged the termination of his employment on foot of his employer discovering that he was seeking alternative employment.
The employee joined the company in May 2017 and worked without incident until July of 2018. On 02 July 2018, the employee was called into the office of the owner of the company. The owner of the company noted that he was aware the employee was looking for alternative work. He suggested that the employee ‘must not be happy in his current role’ and was therefore summarily dismissed. The employee was given no right of reply, no notice and was not allowed to appeal this decision.
Despite the existence of both a disciplinary and grievance policy, neither was invoked by the employer. Whilst the employee notified his union representatives, the employer refused to engage in any meaningful way. After some correspondence, the employee was eventually issued formal notification of termination of employment.
Fired for looking for another job – decision
The Workplace Relations Commission found that the employer, in dismissing the employee on account of him seeking alternative employment, had breached the provisions of the Unfair Dismissals Act. That being the case, the employee was awarded €10,560.
Further Information
For further information, please contact the author of this article, Barry Crushell.
