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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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Hi My boss approached me before Christmas to inform me he

Customer Question


My boss approached me before Christmas to inform me he was getting promotion. He told me it would be announced in January and that on the same day I would be approached to take over his position in the company. The position was General Manager. I was asked to think about it, to go home and talk to my wife about it and get back to him. I told him yes I would be interested. He told me I was ' the only man for the job'. Long story short.....I was not approached, the job was advertised, I applied and today was informed I didn't get the job. What do I do or can I do?
Submitted: 4 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. At the outset, you need to realise that it was not in the gift of your boss to appoint you to the position. His own preference and view might have been that you were the "only man for the job" but it was not his for the giving. Clearly internal company procedures required the job to be advertised and interviews take place. None of this involved your boss. The hiring decision was the companys, not your bosses' decision. So whilst you have a cause of action against the boss personally for misrepresentation, you have no cause of action against the company for failing to get the job, or for not getting hire on the bosses' recommendation. So legally there is no remedy for failing to get the job. It was inconsiderate of the boss for misleading you giving you the impression that you were to get the job. However, as you well know, not everything that goes on at work, is either fair or honest on the part of every employee towards another.