Complainant

Respondent

Parties

Coleen  Malcolm

Glenties Hospitality Ltd Glenties Hospitality Ltd

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00056842-001

25/05/2023

The complainant was a Night Porter in the respondent hotel and alleges that she was dismissed unfairly.  The respondent denies that a dismissal occurred and also referenced warnings that had been given regarding performance.

Evidence was given at the hearing by the complainant, Ms Coleen Malcom, the proprietor Mr Pat Rice and the Manager Mr Aaron Breen.  All evidence was given under oath/affirmation and subject to cross examination.

The complainant, Ms Coleen Malcom, worked as a night porter for the respondent Glenties Hospitality Ltd, commencing on 1st September 2018.  She had no previous difficulties in her employment until the night she was dismissed.

At one o'clock on Sunday morning, the 9th of April 2023, the proprietor of the hotel, Mr. Patrick Rice, came to the hotel after spending several hours in one of the town pubs. He said hello and good night to the complainant. He was halfway up the stairs when a very loud constant knocking took place on the main door until the complainant opened it. As she opened it, the complainant  was saying that there was no need to knock like that on the door as there were residents asleep upstairs.

The knocker turned out to be Mr Rice’s daughter.  Mr Rice came down the stairs as the complainant was saying the above and realised that it was his daughter.  He told the complainant off saying that there was no residents in the hotel.  The complainant informed him that she had said goodnight to two couples earlier.   There were actually nine rooms with residents on the night, plus approximately 18 Ukrainian families.

Mr Rice then said to the complainant, “do you want to work here?” Before the complainant could reply, he said, “Do you want to be sacked?” The complainant replied, “Do you want to sack me?”

Mr Rice then said “Do you know who you are talking to?” to which the complainant replied “Yes”. The complainant tried to explain why she was berating his daughter for the continued loud knocking on the door, but before she could finish what she was saying she was told by Mr Rice to leave the premises immediately  saying “You are dismissed”. The complainant collected her belongings and was escorted from the premises by Mr Rice at 1.15 am.  When she got home she rang the general manager, Mr Aaron Breen,  and told him what had happened. He said he wouldn't ring Mr Rice at that time, but would speak to him later that day and get back to her. He never called her back. On the 10th of April at 5.pm the complainant sent a message to the manager requesting a letter of dismissal and all monies due to her to be ready for collection on the next day. He replied saying he was in Enniskillen on a personnel matter but would forward her message to Mr Rice.  On the 14th of April  when the complainant arrived at the hotel just after six, to collect what she had asked for, she was handed a fabricated written warning.  The complainant believes that, because she had asked for the letter of dismissal, Mr Rice realised he was in the wrong for his actions in dismissing her and, rather than just say sorry and that he was out of order, he fabricated the written warning. The complainant had no further contact from Mr Rice or the management of the hotel.

No written submission was made by the respondent.  Evidence was given at the hearing by Mr Pat Rice, Proprietor and Mr Aaron Breen, Manager.

Evidence of Mr Pat Rice, Proprietor.

Mr Rice took over the enterprise in June 2022.  The respondent discussed performance issues with the complainant on a number of occasions.  She had been moved to Night Porter because she had been abusive to younger staff.  This had occurred before Mr Rice’s arrival but he was made aware of the issues.  The dates given by the complainant are not correct.  While the complainant was asked to leave on the night in question she was not dismissed.  Mr Rice believed that the abuse of his daughter on the night in question was similar to the previous instances with younger staff.  It was only around 13/14 April that Mr Rice realised the complainant thought she had been dismissed.  The written warning letter of 13th April, which was drafted by Mr Rice’s accountant, was issued before he realised the complainant thought she had been dismissed.  Subsequently, Mr Rice asked a member of staff to let the complainant know that she had not been dismissed.

Evidence of Mr Aaron Breen, Manager

Mr Breen believed the alleged incident occurred on 7th April.  A number of verbal warnings were given to the complainant at least a year before that.  Additionally, Mr Breen spoke with the complainant on 10th December 2022 to say that she was neglecting her duties.

In evidence the respondent denied that a dismissal occurred.  The complainant’s evidence was clear that she believed that she had been dismissed on the night of the incident involving Mr Rice’s daughter.  Any doubts that the respondent had about the complainant’s state of mind that she had been dismissed should have been clear in the texts sent to Mr Breen which mentioned specifically that she had been dismissed.  If there was a misunderstanding, it was incumbent on the respondent to clarify.  Mr Rice in his evidence stated that he requested someone (he was unsure as to who) to contact the complainant to clarify the issue. The complainant in evidence stated that this did not happen.

The respondent issued a written warning, dated 13th April 2023, detailing various alleged transgressions.  No disciplinary procedure preceded this warning.  Similarly, in relation to the purported verbal warnings, no procedure was used prior to the alleged issuing of these warnings.  These warnings, if they existed, are therefore meaningless and I place no weight on them. From the evidence at the hearing,  I conclude that the respondent sought to address the dismissal retrospectively by issuing a written warning. 

I am satisfied that the complainant was dismissed by the respondent and that this dismissal was unfair.  I believe compensation of €23,000 is just and equitable having regard to all the circumstances. This figure is based on and 104 weeks compensation and 24 weekly working hours.

The complainant was unfairly dismissed and I order the respondent to pay her €23,000 in compensation.

Unfair dismissal.  No procedure.