Car Salesman Wins €10,000 in Unfair Dismissal Case After Alleged ‘Around the Corner’ Deal

A car salesman in Cork, Ireland, has been awarded €10,000 for unfair dismissal after being fired for allegedly engaging in a side deal involving a customer’s trade-in vehicle. The case, heard by the Workplace Relations Commission (WRC), highlights potential issues with disciplinary procedures within the automotive industry.

The Allegations and Dismissal

Alex Collins, a former employee of Kevin O’Leary Silversprings Ltd, trading as the Kevin O’Leary Group, was dismissed in November 2024. The dismissal stemmed from a complaint by a customer who felt pressured to park their trade-in vehicle “around the corner” from the dealership according to evidence presented by company sales manager Dermot O’Sullivan. This practice raised concerns about deviations from standard procedures.

Further investigation by company director Kevin O’Leary revealed alleged discrepancies in sales records, including a potentially deleted or edited entry related to the trade-in. Records also suggested the transaction might have been arranged for a family member of the complainant and that Collins attempted to keep the deal outside the company’s systems. O’Leary also found what he described as “incorrectly recorded ownership details” for another vehicle, a Renault Kadjar.

The dealership claimed the dismissal was due to “gross misconduct involving alleged fraudulent trading of a trade-in,” alleging that Collins had “admitted the allegation.” Finance director Kevin Cronin stated that Collins admitted the Renault Kadjar “had ultimately gone to his mother.”

Collins’ Defense

Collins refuted the allegations of fraudulent intent, claiming that purchasing trade-in cars was “understood by staff to be a perk of the job.” He stated he was accused of buying a car directly from a customer at a higher price during a meeting with O’Leary and was given only 15 minutes to resign or be dismissed, causing him “severe stress.” He also argued that the true reason for his dismissal was a disagreement with management regarding taking leave on a Saturday, alleging he was deemed not “flexible” enough.

WRC Ruling

While adjudicator Úna Glazier-Farmer acknowledged the dealership “may have had reasonable grounds to form the belief [Collins] misconducted himself,” she ultimately ruled the dismissal unfair. The WRC found that the employer failed to adhere to its own disciplinary rules or the statutory code of practice for workplace disciplinaries. Specifically, the investigation and sanction were carried out by O’Leary, creating an “absence of impartiality.” The short notice given for the disciplinary meeting and a lack of documentation regarding the dismissal process were also cited as issues.

The €10,000 award was deemed “just and equitable,” taking into account Collins’ failure to mitigate his losses by seeking new employment and his contribution to the dismissal circumstances.

Implications

This case underscores the importance of robust and impartial disciplinary procedures in the workplace. Employers must ensure adherence to both internal policies and statutory guidelines to avoid unfair dismissal claims. The incident also raises questions about the transparency of trade-in practices within car dealerships and the potential for conflicts of interest.