EMPLOYMENT APPEALS TRIBUNAL
CLAIMS OF: CASE NO.
Justyna Jamrozik
– claimant No 1 UD600/13
RP575/13
Karina Cyganek UD607/13
– claimant No 2
Magdelena Pokrzywka
– claimant No 3 RP641/13
UD609/13
Slawomir Pokrzywka
– claimant No 4 UD610/13
Magda Szwarc UD612/13
– claimant No 5 RP577/13
Natalia Jankowska UD613/13
– claimant No 6
Karolina Januszewska UD615/13
– claimant No 7
Against
Lake Marsh Holdings Limited (In Liquidation) T/A Carlton Hotel Galway
- respondent
under
REDUNDANCY PAYMENTS ACTS, 1967 TO 2007
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Members: Mr T. Gill
Ms H. Murphy
heard these claims at Galway on 10th November 2014 and 2nd March 2015.
Representation:
Claimants: Mr Paul McGettigan BL instructed by Oliver Foley, Solicitor, 33
Woodquay, Galway.
Respondent: Mr. Alan Ledwith BL instructed by Cormac McCarthy, Solicitors,
Swan Gate, Athenry, Co.Galway
On 10th November 2014
Cormac McCarthy, Cormac McCarthy, Solicitors,
Swan Gate, Athenry, Co.Galway
On 2nd March 2015
The claims under the Redundancy Payments Acts in respect of claimants Numbers 1, 3 and 5 were withdrawn by the claimant’s representative at the commencement of the proceedings.
Respondent’s Case
The respondent company trades as a hotel. The Tribunal heard evidence that the hotel employed a substantial number of casual workers including the claimants. Over time it became common practice for these workers to work less than 39 hours per week. In that regard the Tribunal heard evidence that some employees were only prepared to work 16 hours per week while others were only prepared to work at weekends.
In 2012 due to a downturn in business the company could no longer sustain this practice and a decision was taken with trade union agreement that such employees with less than two years service would be let go. Combined with this decision employees with more than two years service were requested to work 39 hours per week.
The Tribunal heard evidence that as a casual worker with more than two years service claimant No 1 was requested to work 39 hours per week but she was not prepared to do so. As a result of this refusal her contract of employment was terminated with effect from 1 February 2013. In that regard a copy of a letter dated 25 January 2013 from the company to claimant No 1 was opened to the Tribunal. This letter confirmed the termination of her employment stating the reason was due to the reduction of workload within the business. A copy of an internal company memorandum detailing the termination of her contract was also opened to the Tribunal. This memorandum stated the reason for leaving as business quiet, no work available/only available to work 16 hours.
On the second day of the resumed hearing the Tribunal was informed that the respondent did not intend to call any further witnesses.
Determination:
The Tribunal having heard all the evidence is of the view that the dismissal of theabove named claimants was unfair.
Claimant No. 1
The Tribunal awards claimant no. 1 the sum of €10,400.00 this being 104 weeks loss at a gross weekly wage of €100.00 per week under the Unfair Dismissals Act, 1977 to 2007.
Claimant No. 2
The Tribunal awards claimant no. 2 the sum of €19,522.62 this being 81 weeks loss at a gross weekly wage of €241.02 per week under the Unfair Dismissals Act, 1977 to 2007.
Claimant No. 3
The Tribunal awards claimant no. 3 the sum of €12,744.63 this being 57 weeks loss at a gross weekly wage of €223.59 per week under the Unfair Dismissals Act, 1977 to 2007.
Claimant No. 4
The Tribunal awards claimant no. 4 the sum of €15,811.96 this being 58 weeks loss at a gross weekly wage of €272.62 per week under the Unfair Dismissals Act, 1977 to 2007.
Claimant No. 5
The Tribunal awards claimant no. 5 the sum of €22,306.96 this being 104 weeks loss at a gross weekly wage of €214.49 per week under the Unfair Dismissals Act, 1977 to 2007.
Claimant No. 6
The Tribunal awards claimant no. 6 the sum of €15,512.32 this being 30 weeks loss at a gross weekly wage of €150.00 and 22 weeks loss at a gross weekly wage of €500.56 per week under the Unfair Dismissals Act, 1977 to 2007.
Claimant No. 7
The Tribunal awards claimant no. 7 the sum of €6,175.50 this being 30 weeks loss at a gross weekly wage of €205.85 per week under the Unfair Dismissals Act, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)