A dispute in the High Court between a product support executive and a video game development company after he claimed he was wrongly dismissed has been settled.
Arkus Nowak claimed he was given “no right to respond or defend my position” when he was allegedly given an ultimatum last month to resign or be summarily dismissed for alleged gross misconduct by Blizzard Entertainment Ireland Limited.
Based in Blackpool Retail Park in Cork City, the company is a subsidiary of the American company Activision Blizzard Inc, which developed games such as Call of Duty and Candy Crush Saga.
Last week, Judge Senan Allen granted Mr. Nowak short notice to file his request for various injunctions, including an injunction preventing the company from terminating his employment contract.
Mr Nowak of Kileens, Co. Cork, who has worked for the firm since 2008, is also seeking damages for alleged defamation and/or damage to his reputation and for alleged breach of contract and/or duty and his right to a fair trial.
When the case returned to court on Friday, the Mark Connaughton SC judge for Mr Nowak was informed that the matter had been resolved and all proceedings could be dropped. Rosemary Mallon BL, on behalf of the company, said her client agreed to the deletion.
In an affidavit, Mr Nowak claimed he was briefed on a series of allegations made against him by more than one staff member in a video call last month with a human resources manager and legal counsel.
He denied the allegations, which included commenting on the behavior of female employees, asking female employees to stay for drinks, and requesting and/or posting inappropriate images of female employees. He also denied any sexual context in conversations he had with female employees.
He had claimed he had been advised that as there was more than one complaint the company would not lend credibility to any response from him and was therefore not worth hearing from. He said he asked for time to review matters during the video call, but was reportedly told he would have to decide during that call whether to step down.
He accused the company of violating its own terms and conditions and notably failing to follow its own disciplinary procedure. In addition, he claims that the company did not conduct any investigation or did not conduct a proper investigation.
With the consent of both parties, Mr. Justice Allen dropped the action without ordering the costs.
https://www.independent.ie/irish-news/courts/video-company-workers-action-resolved-over-dismissal-that-followed-complaints-from-female-staff-41534952.html A video company employee’s lawsuit has been settled over the dismissal that followed complaints from female employees