A veteran cinema worker was dismissed arising from the fall-out from him playing an incorrect ‘Matrix’ movie to ‘angry’ movie-goers at Omniplex Sligo in the Summer of 2019.
According to a decision by the Workplace Relations Commission (WRC) patrons were left “extremely irate and angry” after the Omniplex played ‘The Matrix Reloaded’ instead of ‘The Matrix’ on July 11th 2019.
The 2003 Matrix Reloaded is the sequel to The Matrix in the Keanu Reeves movie franchise with the four movies from the franchise generating a world-wide box office of $1.79bn.
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Omniplex (Cork) Limited dismissed Joseph Callaghan with 28 years service after accusing him of trying to cover up his mistake of playing the wrong movie by deleting the correct movie, The Matrix from the server.
Employed at the movie firm since 1992, Mr Callaghan alleged that his duty manager, Mark Foley telephoned him on the night after the incident and advised him that the business’s owner, Mark Anderson advised that “Mr Callaghan's head would roll for the wrongdoing on the night in question”.
After a movie goer complained on the night of July 12th 2019 to say that the wrong Matrix movie was being shown, Mr Callaghan paused The Matrix Reloaded and turned on the lights at the screen.
Mr Callaghan gave the ‘angry’ movie goers passes and they could return to the Omniplex at a future date to watch The Matrix.
In response to his dismissal, Mr Callaghan sued for unfair dismissal and WRC Adjudicator, Shay Henry has dismissed his claim finding that Mr Callaghan was not unfairly dismissed.
Mr Callaghan claimed that the incorrect movie, The Matrix Reloaded was screened as the correct one, The Matrix had not been delivered to the cinema and this was not identified beforehand as the movie titles had similar names.
The movie firm stated that its IT department found in the projection server logs that the correct movie, The Matrix had in fact been delivered well in advance on July 2nd 2019, and that it had been deleted very shortly after it had been discovered the incorrect film, The Matrix Reloaded was shown on 12th July 2019.
In his findings, Mr Henry stated from evidence given “it is clear that the correct film was deleted shortly after he (Mr Callaghan) had mapped the incorrect film.”
Mr Henry stated that the investigation by the employer concluded, on the balance of probabilities, that Mr Callaghan deleted the film.
Mr Henry stated that CCTV evidence showed that Mr Callaghan was present in the room with the server when the deletion occurred.
He said: “I therefore conclude that the company had reasonable grounds to believe that the complainant was guilty of misconduct.”
Mr Henry stated that it is clear from the evidence of the cinema firm company that it was their view “that the breach of trust went to the heart of the contract of employment and that dismissal was the proportionate response”.
Mr Henry said: “This position falls within the range of reasonable responses by the employer and therefore I conclude that the dismissal was fair.”
The movie company told the WRC hearing that “while the screening of the incorrect movie was considered serious and disappointing, as it negatively impacted so many patrons and resulted in loss of revenue and reputation for the company, the more serious matter was that the mistake had been covered up intentionally by deleting the correct movie from the server, immediately after it was discovered the wrong one had been played”.
The movie firm found that Mr Callaghan could not be trusted after the finding that he had deleted the movie and thus was dismissed from employment on February 12th 2020.
The Omniplex company stated that the actions of Mr Callaghan destroyed the company’s trust and confidence in him and rendered the continuation of the employment relationship impossible, therefore justifying dismissal.
In the case, Mr Callaghan was represented by John Anderson of McGovern Walsh Solicitors and Mr Walsh argued that Mr Callaghan had an exemplary record for the entire period of employment with this company.
Mr Walsh argued that Mr Callaghan suffered a personal injury on the premises and that this led to a breakdown in the relationship and Mr Callaghan asserts he was made a scapegoat for the mistake of the movie company which sent the incorrect movie.
Mr Walsh contended that it was not of any advantage in any description for Mr Callaghan to delete The Matrix as alleged.
Mr Walsh stated that no evidence has been produced to prove that Mr Callaghan did in fact delete this movie and other members of staff on the night in question had access to the projector room and there is no proof that the movie in question was ever so deleted.
Mr Walsh also stated that it has not been shown or proven that Mr. Callaghan deleted the movie and there were numerous alternative explanations as to the non-existence of the movie and/or it not being available.
Mr Walsh argued that the decision to dismiss Mr Callaghan was wrong and there were no grounds even for disciplinary action much less than dismissal.
He contended that even if there had been grounds to discipline Mr Callaghan, which is denied, the sanction of dismissal was massively disproportionate.
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