Kerry hotel found to have discriminated against Irish worker in redundancy case
Seán McCárthaigh
The operator of a Kerry hotel, which houses refugees, has been ordered to pay €5,000 compensation for discriminating against an Irish night porter by selecting him for redundancy over Ukrainian workers.
The Workplace Relations Commission (WRC) ruled that Green Cliff Investments Limited had breached the Employment Equality Act 1998 by discriminating against Thomas O’Reilly on grounds of race.
The WRC also found that the company – which operates the Derrynane Hotel which is located outside Caherdaniel, Co Kerry – had unfairly dismissed Mr O’Reilly.
It awarded the former night porter total compensation of €7,340 for breaches of employment legislation.
The company had claimed the allocation of work was based on operational requirements and flexibility rather than nationality.
The hotel’s general manager, Martin McCormack, said the allegation of racial discrimination against it was “serious and unfounded.”
Mr O’Reilly told the WRC that he had worked at the hotel for two and a half years until he was told staff reductions were required in January 2025 due to reduced numbers in State-provided accommodation of Ukrainian refugees.
He claimed the situation was presented as temporary and that he would be contacted when business improved.
Mr O’Reilly described a letter sent to him indicating that there was “no work available” as misleading, as the role continued to be performed.
He gave evidence that he believed his employment had been effectively terminated without formal redundancy, which he claimed was an attempt by the company to avoid its statutory redundancy obligations.
The WRC heard that his night porter duties were reassigned to other staff, including Ukrainian residents, who he claimed were engaged on a lower pay rate
Mr O’Reilly, who had volunteered in humanitarian efforts in driving aid from Ireland to Ukraine during his annual leave, also complained that he had never been provided with a written contract or employee handbook and had been underpaid for bank holidays.
He claimed the hotel’s failure to clarify his position had left him in effective limbo until he sought alternative employment in March 2025.
However, Mr McCormack, told the WRC that Mr O’Reilly had been engaged on a series of short-term, three-month contracts which could be terminated at short notice.
The witness said the night porter was aware of the temporary nature of the role from the outset as staffing needs were uncertain as the hotel was operating under a government contract to provide temporary accommodation to Ukrainian refugees.
Mr McCormack claimed the company needed to streamline staff as the number accommodated in the hotel had fallen to a quarter of its previous levels.
He said other workers, including Ukrainian residents, had already been performing night porter duties and additional roles in the hotel, while Mr McCormack had been working only limited days in comparison.
The hotel manager accepted that Mr O’Reilly had not been given a written contract or minimum notice.
He was unaware of any alleged holiday underpayments as the hotel’s payroll had been outsourced.
In her ruling, WRC adjudication officer Úna Glazier-Farmer said she accepted that the hotel experienced a downturn in business but also that the role of night porter continued to exist, with Mr O’Reilly’s duties redistributed to other staff.
Ms Glazier-Farmer said the company had failed to demonstrate that fair procedures were applied in how the complainant was selected for redundancy, which rendered his dismissal unfair.
She also concluded that Mr O’Reilly was discriminated against on grounds of race, as he was treated less favourably than Ukrainian staff who carried out night porter duties and kept their jobs.
Ms Glazier-Farmer said he was the only Irish employee in that role.
She said the absence of objective evidence to support the selection of Mr O’Reilly compared to his colleagues, coupled with the retention of non-Irish staff performing the same duties, showed the company had failed to rebut the inference of discrimination.
The WRC ordered the hotel to pay the former night porter €5,000 in compensation for racial discrimination as well as €1,120 for unfair dismissal and €1,220 for other employment legislation breaches.
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