December 11, 2022
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Video company employee action resolved following dismissal following employee complaints

By on April 8, 2022 0

A High Court dispute between a product support manager and a video game development company after he claimed he was unfairly dismissed has been resolved.

Arkus Nowak claimed he had ‘no right to respond or defend my position’ as he reportedly received an ultimatum last month to resign or be summarily fired from Blizzard Entertainment Ireland Limited due to misconduct suspected serious.

The company, headquartered at Blackpool Retail Park in Cork City, is a subsidiary of US-based Activision Blizzard Inc which has made games such as Call of Duty and Candy Crush Saga.

Last week, Judge Senan Allen allowed Mr. Nowak to serve brief notice of his motion seeking various interlocutory relief, including an injunction restraining the company from terminating his contract of employment.

Mr Nowak, of Kileens, Co Cork, who had worked with the company since 2008, also sought damages for alleged defamation and/or damage to his reputation and for an alleged breach of contract and/or duty and their right to due process.

When the case returned to court on Friday, the judge was told by Mark Connaughton SC, for Mr Nowak, that the case had been resolved and the entire proceedings could be struck out. Rosemary Mallon BL, for the company, said her client consented to the delisting.

In a sworn statement, Mr Nowak said he was informed last month in a video call with a human resources manager and legal counsel of a series of allegations made against him by more than one employee.

He denied the allegations, which included comments about the appearance of female employees, asking female colleagues to stay for drinks and requesting and/or sending inappropriate images of female staff. He also denied any sexual context in conversations he had with female employees.

He had claimed that he had been informed that, since there was more than one complaint, the company would not place any credibility in a response from him and, therefore, there was no merit in the hear. He said he asked for time to consider the issues on the video call, but was told he had to decide on that call whether to quit.

He alleged that the company breached its own terms and conditions and, in particular, failed to comply with its own disciplinary procedure. Furthermore, he claims that the company did not conduct any proper investigation.

On consent of both parties, Justice Allen struck out the action without an order as to costs.