Man awarded €50,000 for dismissal

A man has been awarded €50,000 for unfair dismissal against the owners of a Co Kerry hotel.

An Employment Appeals Tribunal heard Fionnbar Walsh of Blennerville, Tralee terminated his own contract of employment at the Smerwick Harbour Hotel in April of last year following months of non-payment of wages.

In evidence to the tribunal Mr Walsh said he started working at the hotel in March 2000 and when the hotel changed ownership six years later he was employed as the general manager with the benefit of a company car, laptop and mobile phone.

In 2008 Mr Walsh was asked to take “complete” ownership of the hotel to ensure it would be viable to keep open during the winter season.

Mr Walsh claimed his wages for October were not paid in full and when he approached the hotel’s owners about the shortfall he was told the balance would be paid when a yearly budget plan was submitted.

The following month he received payment for the October shortfall however, by December he was reduced to a one-day week but still was not paid his other wages. Mr Walsh said he had agreed to the reduction in work as he was under pressure financially.

During a meeting on December 19th Mr Walsh asked the owners if he was being made redundant and was told he was “on short time”.

Over the following months Mr Walsh continued to work without payment and when the issue was raised again in March 2009 the hotel owners expressed surprise at the matter assuming Mr Walsh had taken his wages from the hotel income.

Mr Walsh said he had taken the sum of €1,000 from the hotel’s takings to cover his December wages however, as most payments to the hotel were made by cheque or credit card they went directly into the owners’ account.

The situation continued unchanged until April 2009 by which time Mr Walsh had not received any wages for four months and was actively seeking alternative employment. He sent the owners an email outlining his position and requested a meeting to discuss the situation, however he received no response.

On April 20th Mr Walsh left the company car in the hotel car park before bringing other items to the owner’s bank to be locked for safe-keeping. He then sent an email informing the owners he could no longer work for them, again he received no response.

Neither the hotel’s owners nor representatives on their behalf appeared for the hearing.

In its ruling the tribunal said based on the uncontested evidence the non-payment of wages had entitled Mr Walsh to terminate his contract of employment. It awarded him €50,000 in compensation under the Unfair Dismissals Acts.