Latest news with #OrganisationofWorkingTimeAct1997


RTÉ News
07-05-2025
- Business
- RTÉ News
Keelings fails in bid to have alleged whistleblower penalisation claim heard in private
The Keelings fruit and vegetable group has failed in an attempt to have allegations of whistleblower penalisation and multiple employment rights breaches by a former employee heard entirely behind closed doors. At the Workplace Relations Commission today, an adjudicator told the firm's representatives that the prospect of "certain people being named" in connection with the case was not reason enough to justify hearing the matter out of the public eye. Keelings Logistics Solutions had sought a private hearing into claims by the worker, former warehouseman Rudolph Csikos, which were called on today at the employment tribunal. He has alleged breaches of the Minimum Notice and Terms of Employment Act 1973, the Unfair Dismissals Act 1977, the Organisation of Working Time Act 1997 and the Protected Disclosures Act 2014 against the company. At the hearing, adjudicator Brian Dalton noted the application by the company's representative, Emily Maverley of the Irish Business and Employers' Confederation (Ibec), for a hearing "in private". "That's quite unusual, because this case is about the administration of justice," he said. "I do have the power to have a hearing in private, but I have to have very good reasons for it," he said. "Certain wrongs, certain people being named - that in itself is not a reason," he added. "In the administration of justice, the whole process is tested, and ultimately I will make a ruling. You can't make an allegation of defamation in the administration of justice. It's up to me to decide," he said. He added that the law required "exceptional" circumstances for a private hearing. Mr Dalton said he was only aware of the basis for the application for a private hearing at a "high level" and said there was "no point" discussing the detail any further with a member of the press in the room. "I'm going to ask the press to leave temporarily," he said. The matter proceeded for around 25 minutes behind closed doors before Mr Dalton reopened the hearing to the public. "An application was made for the hearing to be heard in private, and it was turned down," he said. After a short adjournment, Mr Dalton quoted a section of the Workplace Relations Act, as amended, to the parties. He said the legislation required a hearing "in public, unless the adjudicating officer… determines that due to the existence of special circumstances, the proceedings or part thereof should be conducted otherwise than in public". "In other words, most of this case will be heard in public," Mr Dalton said. The adjudicator gave 27 May as the date for a further hearing and adjourned the matter shortly after that.


Irish Times
02-05-2025
- Business
- Irish Times
Astronomy Ireland founder and solicitor walk out of WRC hearing
Astronomy Ireland founder David Moore has abandoned a tribunal hearing into claims of workplace rights breaches by a former manager at organisation who has accused him of 'pocketing' money meant for it. A Workplace Relations Commission (WRC) adjudicator told Mr Moore his approach to the case – which has been repeatedly adjourned since last June – had the appearance of 'delay, delay, delay' so the matter would 'never be heard'. Mr Moore and a solicitor acting for Astronomy Ireland stood up and walked out of a hearing room on Friday when the adjudicator said he intended to press on with hearings despite renewed objections from the respondents. The claimant, Sonya Martin, worked at Astronomy Ireland's office in Ballycoolin, Dublin 15, from 2021 to July 2023, when she quit her job as manager. She says she was forced to resign as a result of workplace stress and concerns she had about financial arrangements at Astronomy Ireland which she said she raised with Mr Moore in 2023. READ MORE She has made complaints under the Unfair Dismissals Act 1977, the Organisation of Working Time Act 1997, and the Terms of Employment (Information) Act 1994 against the science organisation. Mr Moore was told he and three other members of Astronomy Ireland's management committee were being attached personally to the case in January of this year. Ms Martin gave evidence last year that she felt she had no choice but to resign in the wake of a 'heated' meeting when Mr Moore told her the organisation had no board – something she believed made her 'party to a fraud on the State', as she had applied for grants on the basis that it did. She said she was already suffering from workplace stress following months of pressure while she worked two jobs in the wake of the sacking of a junior employee who was alleged to have stolen cash and left 'faecal matter' and 'ejaculate' behind in a bathroom at Astronomy Ireland's offices. After pressure from Astronomy Ireland's management committee about the amount of money in the society's bank accounts, a junior administrator raised concerns that Mr Moore was in the practice of 'pocketing' speaking fees which were meant to be the society's main revenue stream, Ms Martin said. Mr Moore, who is well known for his press and media appearances on space exploration and astronomy, claimed last year that the society had been 'libelled' before the Workplace Relations Commission (WRC), branding accusations of money going astray and financial irregularities as 'false'. [ Founder of Astronomy Ireland accused of 'pocketing' money intended for organisation, WRC hears Opens in new window ] Solicitor Eugene Smartt, appearing for Astronomy Ireland at Friday's hearing, said he had a 'major difficulty' with the case proceeding, arguing the original complaint was against 'an unincorporated association which has no legal status or existence' and that Ms Martin was too late to make complaints against Mr Moore and the committee members. Daniel O'Connell of Keans Solicitors, for Ms Martin, said that adjudicator Jim Dolan had decided the point already. 'I don't think my client should be punished for the fact that Astronomy Ireland haven't got their house in order,' he added. Mr Moore and Mr Smartt questioned whether the WRC had correctly served all five parties with notice of the proceedings, as well as the decision to join the other committee members. 'It is my intention to hear this case today,' Mr Dolan said. He said the WRC had written to the parties by email and sent letters to a post office box in Artane, Dublin 5, which had been given by Mr Moore in January as Astronomy Ireland's correct address. Mr Smartt reiterated his position that any decision against Astronomy Ireland would be against 'an entity that has no legal existence' and said: 'The best we can do is withdraw.' After further exchanges, Mr Dolan said: 'Mr Moore is sitting there telling us he doesn't recognise he's the respondent in this. He signed the sign-in sheet 20 minutes ago: 'David Moore, position: respondent.'' 'I'm the respondent for Astronomy Ireland, it's not for me personally. I told you in January I don't accept being personally attached,' Mr Moore said, adding: 'It's very complicated. l'm lost, I'd appreciate an adjournment to take legal advice.' 'I'm not adjourning. I don't want you to think that the object here is delay, delay, delay, and this case will never be heard,' Mr Dolan said. 'That's not the case,' Mr Moore said. 'Can you appreciate that's the way you're coming across,' Mr Dolan said. 'I accept that,' Mr Moore said. 'You want to leave,' Mr Dolan said. 'Yes, absolutely,' Mr Smartt said. He and Mr Moore then stood up and walked out of the hearing room with their things as Mr Dolan said they would have his decision in six to eight weeks.


Sunday World
01-05-2025
- Business
- Sunday World
Man told to pay €100k to fiancee he sacked after she caught him on Grindr
PAYOUT | The woman has been awarded nearly €100,000 by the Workplace Relations Commission Grindr app. Stock image: Getty The bulk of the sum, €93,362 was awarded by the Workplace Relations Commission (WRC) for the woman's losses from dismissal after she gave evidence that the businessman cut off her pay and had her company car towed after he left the family home in 2023. She had told her partner she didn't want to be involved with a programme of 'treatment for sex and other addiction' he had proposed and that she planned to separate from him, the tribunal heard. Complaints by the woman under the Unfair Dismissals Act 1977, the Terms of Employment (Information) Act 1994, and the Organisation of Working Time Act 1997 were upheld by the tribunal in an anonymised decision published this morning by the WRC. At a hearing in Dublin last winter, the woman told the tribunal she and the businessman were engaged to be married at the time he was establishing the business and that he had fathered her second child. Her evidence was that after the businessman encouraged her to give up her job to 'work for him', she took up a €48,000-a-year position as company secretary, working mainly from home. In the summer of 2023, while away on a family holiday, the woman said, she discovered that her partner 'had downloaded the dating [or] casual sex app, Grindr'. This was 'specifically oriented for [the] LGBTQ+ community', and it was 'clear' to her that her partner was 'engaged in prolific homosexual encounters [or] liaisons', she told the WRC. She also referred to seeing a message from a website called 'Escort Ireland' on the businessman's phone during the holiday. Confronted about the matter, her partner's position was that he 'planned to undergo treatment for sex and other addiction' and wanted the complainant 'to be involved in that programme', the complainant told the tribunal. She told him she didn't want to participate, she said. After that, the businessman 'terminated [her] employment, ended their relationship and moved out', she wrote in her complaint form. Grindr app. Stock image: Getty Today's News in 90 seconds - Thursday, May 1 Adjudicator Patricia Owens wrote that she was satisfied the arrangements for a hearing in late 2024 into the case were 'properly communicated' to the businessman, but noted he neither attended nor gave the WRC 'any response to the complaints'. She upheld the unfair dismissal claim in the absence of any evidence contradicting the complainant's position that she was 'summarily dismissed', awarding €63,362 for loss of earnings and a further €30,000 for losing access to a company car Ms Owens also awarded €3,712, three weeks' salary, as compensation for the non-provision of a contract of employment and €2,000 under the working time legislation. The total sum awarded in the case was €99,074. The decision was anonymised to shield the identities of the woman's children and in light of separate legal proceedings, the adjudicator noted. The complainant's evidence had been that her pay was stopped in the winter of 2023, leaving her with no income and building up 'a lot of debt' while unemployed. Family commitments had meant she could only find part-time work, she added. While she was waiting for social welfare payments to be approved, she had to rely on the support of Women's Aid and St Vincent de Paul to provide for the 'basic needs' of herself and her children, she told the WRC. At one stage she resorted to selling household items to pay her bills, she said. She also described waking up one morning in late 2023 to discover that her company car had been towed away overnight leaving her 'panicking' about getting her children to school. Her mother, a retiree, drew on savings to pay for a replacement, she said. Ms Owens assessed the loss of the use of the company car at €30,000, factoring that into the award for losses.


RTÉ News
30-04-2025
- Business
- RTÉ News
Alleged sex addict businessman sacked partner after she caught him using Grindr on family holiday
The partner of an allegedly sex-addicted businessman who sacked her as his company secretary after she confronted him about using a gay dating app and an escort website while on a family holiday has been awarded nearly €100,000 by an employment tribunal. The bulk of the sum, €93,362 was awarded by the Workplace Relations Commission for the woman's losses from dismissal after she gave evidence that the businessman cut off her pay and had her company car towed after he left the family home in 2023. She had told her partner she did not want to be involved with a programme of "treatment for sex and other addiction" he had proposed and that she planned to separate from him, the tribunal heard. Complaints by the woman under the Unfair Dismissals Act 1977, the Terms of Employment (Information) Act 1994, and the Organisation of Working Time Act 1997 were upheld by the tribunal in an anonymised decision published this morning by the WRC. At a hearing in Dublin last winter, the woman told the tribunal she and the businessman were engaged to be married at the time he was establishing the business and that he had fathered her second child. Her evidence was that after the businessman encouraged her to give up her job to "work for him", she took up a €48,000-a-year position as company secretary, working mainly from home. In the summer of 2023, while away on a family holiday, the woman said, she discovered that her partner "had downloaded the dating [or] casual sex app, Grindr". This was "specifically oriented for [the] LGBTQ+ community", and it was "clear" to her that her partner was was "engaged in prolific homosexual encounters [or] liaisons", she told the WRC. She also referred to seeing a message from a website called "Escort Ireland" on the businessman's phone during the holiday. Confronted about the matter, her partner's position was that he "planned to undergo treatment for sex and other addiction" and wanted the complainant "to be involved in that programme", the complainant told the tribunal. She told him she did not want to participate, she said. After that, the businessman "terminated [her] employment, ended their relationship and moved out", she wrote in her complaint form. Adjudicator Patricia Owens wrote that she was satisfied the arrangements for a hearing in late 2024 into the case were "properly communicated" to the businessman, but noted he neither attended nor gave the WRC "any response to the complaints". She upheld the unfair dismissal claim in the absence of any evidence contradicting the complainant's position that she was "summarily dismissed", awarding €63,362 for loss of earnings and a further €30,000 for losing access to a company car Ms Owens also awarded €3,712, three weeks' salary, as compensation for the non-provision of a contract of employment and €2,000 under the working time legislation. The total sum awarded in the case was €99,074. The decision was anonymised to shield the identities of the woman's children and in light of separate legal proceedings, the adjudicator noted. The complainant's evidence had been that her pay was stopped in the winter of 2023, leaving her with no income and building up "a lot of debt" while unemployed. Family commitments had meant she could only find part-time work, she added. While she was waiting for social welfare payments to be approved, she had to rely on the support of Women's Aid and St Vincent de Paul to provide for the "basic needs" of herself and her children, she told the WRC. At one stage she resorted to selling household items to pay her bills, she said. She also described waking up one morning in late 2023 to discover that her company car had been towed away overnight leaving her "panicking" about getting her children to school. Her mother, a retiree, drew on savings to pay for a replacement, she said. Ms Owens assessed the loss of the use of the company car at €30,000, factoring that into the award for losses.


Irish Times
30-04-2025
- Business
- Irish Times
Partner of alleged sex-addicted businessman awarded €100,000 after dismissal
The partner of an allegedly sex-addicted businessman who sacked her as his company secretary after she confronted him about using a gay dating app and an escort website while on a family holiday has been awarded nearly €100,000 by an employment tribunal. The bulk of the sum, €93,362 was awarded by the Workplace Relations Commission (WRC) for the woman's losses from dismissal after she gave evidence that the businessman cut off her pay and had her company car towed after he left the family home in 2023. She had told her partner she didn't want to be involved with a programme of 'treatment for sex and other addiction' he had proposed and that she planned to separate from him, the tribunal heard. Complaints by the woman under the Unfair Dismissals Act 1977, the Terms of Employment (Information) Act 1994, and the Organisation of Working Time Act 1997 were upheld by the tribunal in an anonymised decision published this morning (WEDS) by the WRC. READ MORE At a hearing in Dublin last winter, the woman told the tribunal she and the businessman were engaged to be married at the time he was establishing the business and that he had fathered her second child. Her evidence was that after the businessman encouraged her to give up her job to 'work for him', she took up a €48,00-a-year position as company secretary, working mainly from home. In the summer of 2023, while away on a family holiday, the woman said, she discovered that her partner 'had downloaded the dating [or] casual sex app, Grindr'. This was 'specifically oriented for [the] LGBTQ+ community', and it was 'clear' to her that her partner was 'engaged in prolific homosexual encounters [or] liaisons', she told the WRC. She also referred to seeing a message from a website called Escort Ireland on the businessman's phone during the holiday. Confronted about the matter, her partner's position was that he 'planned to undergo treatment for sex and other addiction' and wanted the complainant 'to be involved in that programme', the complainant told the tribunal. She told him she didn't want to participate, she said. After that, the businessman 'terminated [her] employment, ended their relationship and moved out', she wrote in her complaint form. Adjudicator Patricia Owens wrote that she was satisfied the arrangements for a hearing in late 2024 into the case were 'properly communicated' to the businessman, but noted he neither attended nor gave the WRC 'any response to the complaints'. She upheld the unfair dismissal claim in the absence of any evidence contradicting the complainant's position that she was 'summarily dismissed', awarding €63,362 for loss of earnings and a further €30,000 for losing access to a company car Ms Owens also awarded €3,712, three weeks' salary, as compensation for the non-provision of a contract of employment and €2,000 under the working time legislation. The total sum awarded in the case was €99,074. The decision was anonymised to shield the identities of the woman's children and in light of separate legal proceedings, the adjudicator said. The complainant's evidence had been that her pay was stopped in the winter of 2023, leaving her with no income and building up 'a lot of debt' while unemployed. Family commitments had meant she could only find part-time work, she said. While she was waiting for social welfare payments to be approved, she had to rely on the support of Women's Aid and St Vincent de Paul to provide for the 'basic needs' of herself and her children, she told the WRC. At one stage she resorted to selling household items to pay her bills, she said. She also described waking up one morning in late 2023 to discover that her company car had been towed away overnight leaving her 'panicking' about getting her children to school. Her mother, a retiree, drew on savings to pay for a replacement, she said. Ms Owens assessed the loss of the use of the company car at €30,000, factoring that into the award for losses.