A Muslim man was sacked by his Co Mayo employer after taking an unsanctioned three week holiday to go to Mecca for the annual Hajj pilgrimage.
Zulfaqar Ali took an unfair dismissal action against Martin Jennings Wholesale Ltd, where he had worked for 10 years, after his sacking in October 2012.
A Rights Commissioner upheld Mr Ali’s claim for unfair dismissal.
However, the Ballinrobe-based firm appealed the ruling to the Employment Appeals Tribunal (EAT), which has overturned the Rights Commissioner's ruling.
The EAT found that Mr Ali leaving his work in October 2012 without permission to go to the Hajj was tantamount to gross misconduct.
In its determination, the EAT accepted that while Mr Ali “felt a religious duty to attend the Hajj, he had booked this trip without consulting his employer”.
The Hajj attracts two million pilgrims each year and attendance at the festival at least once in the lifetime of every adult Muslim is a mandatory religious duty.
Mr Ali’s departure for Mecca followed him taking taking holidays and unpaid leave totalling 11 weeks between February 13th and May 2nd, 2012, some of it unauthorised.
On his return to work Mr Ali was issued with a verbal warning in relation to unauthorised absence and told that if it happened again there would be serious consequences.
In June 2012, Mr Ali booked his travel package to Mecca for a Hajj Pilgrimage from October 16th.
According to the EAT, Mr Ali said told his supervisor about this trip and the supervisor told him he would have to take unpaid leave as his annual leave was used up.
However the supervisor told the tribunal he knew nothing of the trip until early September 2012 at which time Mr Ali sought leave to travel.
According to the EAT, the supervisor told him it was not possible to grant this leave and Mr Ali replied that maybe he would take it anyway.
Mr Ali was told that by letter dated October 11th that if he took the unauthorised leave, he would be terminating his own employment.
Finding that Mr Ali was not unfairly dismissed, the EAT said he had been been fully advised of the consequences of taking unauthorised leave.
