Latest news with #workplacedispute
Irish Times
24-07-2025
- Business
- Irish Times
Chef working for Camile restaurant awarded €39,000 by WRC after dispute over pay and time off
A chef working at a Cork branch of restaurant chain Camile has been awarded more than €39,000 at the Workplace Relations Commission (WRC). The dispute arose when the employee was told he was being moved to Dublin weeks after attempting to claim three days' statutory sick leave, the hearing was told. Sujeer Thayyil had been employed since April 2019 by Santry Food Services, which is owned by Pramod Thankappan and Saritha Pramod and operates five Camile branches under franchise arrangements. In October 2023 he sought three days' statutory sick pay amounting to €308.70 for certified leave, a hearing at the WRC was told. READ MORE But the request was not acknowledged by management, who then told him he was being moved with immediate effect from Bishopstown, Cork, where he was normally based, to work in a Dublin branch, the WRC heard. The hearing, overseen by WRC adjudication officer Breiffni O'Neill, was told he had not received any clear explanation of what had prompted the instruction to relocate. Mr Thayyil, an Indian national, said he was not in a position to move as he could not find accommodation in Dublin for himself and his family without financial support from the company. It said it did not provide relocation expenses. The company then said it would move him to the company's Douglas branch in Cork, but when he reported for work there it became clear he had been demoted and would work as second chef rather than chef de partie with his pay reduced from €37,180 a year to €35,000. He was also told he would be subject to a six-month probation period despite having already worked for the company for four years. A stand-off developed between the two sides and on December 28th the company emailed Mr Thayyil asking that he confirm his willingness to work. He said he was ready to work, but did not accept the demotion and would do so under protest. The hearing, at which the chef was represented by Sylwia Nowakowska of the Migrant Rights Centre Ireland, heard his response was not acknowledged and on February 19th the complainant sent an email seeking to clarify whether he had been dismissed. This was also, he said, ignored. The following month he lodged complaints alleging a list of employment law breaches including unfair dismissal, non-payment of Sunday premiums, non-payment for hours in excess of his contracted 39-hour working week, non-payment for public holidays and breaches of regulations related to breaks and days off. The company, represented by Conor White, conceded breaches in relation to public holidays, annual leave and rest days. But he argued Mr Thayyil had been responsible for ensuring he took his breaks and that he was paid all of the money owed in relation to some of the other claims, including the 10 per cent Sunday premium, which, it said, had been factored into his hourly pay. Mr Thayyil said this was not possible as his hourly pay had initially been set at the minimum required to obtain a work permit and so could not include any premiums. In his decision, the adjudicating officer found eight of the 10 complaints before the hearing to be well-founded though not the one taken under section eight of the Unfair Dismissals Act, 1977. 'When the complainant notified the respondent of his intention to file a complaint with the WRC, the respondent replied the same day stating that the complainant's contractual position remained available to him … which is inconsistent with any suggestion that the complainant had been dismissed,' Mr O'Neill said. In relation to the eight complaints upheld, however, he ordered the payment of back money or compensation totalling €39,413.98 which included the €308.70 in sick pay.
Yahoo
21-07-2025
- Yahoo
A Teen Sent Home for Refusing to Take Out Trash at McDonald's Complained to Mom. Then Her Manager Shot Mom: Cops
A McDonald's manager from Illinois is facing a weapons charge after allegedly shooting the mother of one of her employees. Kathy Bledsoe, 44, was working as manager at a Belleville outpost of the fast food chain on July 16, and at one point in the afternoon instructed a juvenile female to take out the trash, according to the Belleville Police Department. When the teen refused, Bledsoe claimed to police she instructed the girl to clock out for the day. At that point the teen contacted her mother, Tynika R. McKinzie, "who responded to the store with another juvenile female," according to a news release, after which a "verbal disturbance ensued." At some point, McKinzie allegedly made her way behind the counter of the restaurant and to Bledsoe's office. Once there, she allegedly "battered Bledsoe in the face and head" until the manager pulled out a gun and allegedly shot the woman in the leg, according to police. Bledsoe was arrested by police and charged with one count of aggravated unlawful use of a weapon. McKinzie was taken to the hospital to be treated for her injuries and was charged with one count each of aggravated battery and mob action. "It is unfortunate that this incident occurred. It seems individuals are quick to resort to violence to resolve disputes without consideration of the impact their actions have on the community as a whole," Chief of Police Matthew Eiskant said in a statement. "This was an unnecessary incident that could have been mitigated without punches being thrown or a gun being used." Bledsoe and McKinzie did not respond to requests for comment. Read the original article on People
Irish Times
21-07-2025
- Politics
- Irish Times
WRC hearing abandoned after adjudicator says witness giving evidence from moving train not ‘satisfactory'
A Workplace Relations Commission (WRC) adjudicator on Monday abandoned an employment rights hearing after deciding it was not 'satisfactory' that a defence witness had dialled in from a moving train. South East Technological University Student Union is subject to a complaint under the Payment of Wages Act 1991 by worker Kate Rellis, which was called on for hearing via videoconference before being quickly adjourned. WRC adjudication officer Gaye Cunningham noted that union president Erin Foley had joined the call from a car and that its welfare officer, Lucy Kate Bosch, was 'on a train'. 'While we say that our hearings are otherwise than in private ... our hearings are not being held in public streets or transit. When you go off mute, I seem to be hearing other passengers in the train,' Ms Cunningham said. READ MORE 'I apologise for the noise; I'm currently travelling to Galway for work at the moment,' Ms Bosch said. Ms Cunningham said: 'I can hear a lot of background noise. I can't continue a hearing in the circumstances.' Ms Foley said she had not been president of the students' union during the period relevant to the complaint and that Ms Bosch had been 'mentioned as a witness in the complaint'. 'I do need her here,' she said of Ms Bosch. [ Recycling depot worker who got 'aggressive' after remarks about Pope loses challenge to sacking Opens in new window ] Ms Cunningham told the officers of the students' union: 'You could have applied for a postponement. If a person is not available to take part in a hearing in what I'd call a safe setting, I can't continue,' she said. 'It's not satisfactory that people are in a train where it's very noisy,' she added. Asked to comment, the worker, Ms Rellis, said: 'I understand that it's not ideal to have members of the public in the background, I wasn't expecting that. I do agree, though I want to move forward today.' Ms Cunningham said her 'strong feeling' was that it 'would not be satisfactory to continue'. 'You might as well be out on the main street,' she said to Ms Bosch. 'You must be in a fairly safe setting, an office setting, on the next date. I'd appreciate if the respondents would pay attention to the fact that you need to be in a reasonably formal setting. We'll resume as soon as we can,' the adjudicator said. She adjourned the matter pending a rescheduled hearing 'as soon as possible'.
Irish Times
18-07-2025
- Irish Times
Man accused of grabbing colleague by throat and using homophobic slur loses unfair dismissal case
A recycling depot worker who denied grabbing his colleague by the throat and using a homophobic slur after his religious beliefs were insulted has lost his unfair dismissal claim at the Workplace Relations Commission (WRC). Seamus Behan lost his job of 12 years as a van driver for Liberties Recycling Development and Training CLG in February of last year following the altercation with another worker just before Christmas 2023. At a hearing of Mr Behan's complaint under the Unfair Dismissals Act 2014, Liberties Recycling told the WRC his behaviour on December 20th, 2023 amounted to gross misconduct. The company said the finding was arrived at after what it described as a fair investigation and disciplinary process. READ MORE Company manager Adam Moloney said 'multiple' statements from staff recounted 'off the charts' behaviour from Mr Behan towards the other worker, Mr A. Mr Moloney said workers told him Mr Behan was 'verbally abusive, behaving aggressively, and damaged company property' during the incident. He said it 'wasn't clear' from the statements what had first happened other than that the two men 'pushed each other'. Mr Moloney said Mr Behan was at reception in the depot 'shouting abuse' at Mr A, would not leave when asked and 'kept trying to go at him'. Management tried to persuade gardaí to come, but there was no response by closing time. A duty manager suspended Mr Behan and Mr A and sent them away via separate exits. The complainant's representative, Thomas Behan, argued that witness statements had been 'handpicked' to support a case that his client was 'violent' and that CCTV had been 'purposely left out' of the investigation. The company said any footage of the incident was taped over during the Christmas break, so it was not available when the investigation began in the new year. The tribunal was told the row followed a complaint made by Mr A about Mr Behan's alleged conduct towards him six days earlier. It was alleged the complainant on that occasion grabbed Mr A's hand and squeezed until Mr A asked him to let go. Mr Behan then turned to another worker and allegedly said: 'Watch how I shake a real man's hand.' Mr Behan said he knew nothing of this informal complaint until after the incident on December 20th, with his representative arguing any difficulties between the men ought to have been addressed sooner by management. Mr Behan said Mr A was 'an hour late' returning with a van for a shift handover on December 20th and he was 'in a hurry to get out' so as to avoid working late without pay. 'I went to your man ... he was just numb about everything. Because I didn't know anything about the 14th, I was at the van, and he was at the van. He started mumbling stuff about something, and then he got aggressive towards me,' he said. 'This guy pursued me, I went away from the van, he's aggressive, in my face, spitting in my face,' Mr Behan said, adding that the spitting was not 'intentional'. 'He's giving me lackery about Pope John Paul, lackery about my religion. He deeply upset me,' he said. The complainant said he 'wouldn't repeat' his colleague's remarks during the disciplinary process that followed because it was 'filthy' and 'vulgar' language. Mr Behan denied using a slur toward Mr A in the course of the altercation, as had been indicated in statements gathered by the company. 'I don't even use the word 'f****t',' he said. 'Everyone's twisting and turning statements.' He said a female supervisor was standing between him and Mr A, so it would have been 'impossible for me to grab the man by the neck'. He told the tribunal Mr A pushed him as the altercation continued and that the CCTV footage 'would prove that as well'. He said he was 'well warmed up' by his colleague by the time he reached the office. 'I raised my voice. Is that a sacking offence?' he said. 'No one wanted to investigate my statement ... My statement is the truth, on my religious beliefs.' In her decision, WRC adjudicator Eileen Campbell stated: 'Taking all the circumstances into account I find, as a matter of probability, the complainant's actions on the day and his behaviour on the day to be aggressive, uncontrolled and unacceptable.' She added that, on balance, the company's version of events was 'more convincing than that of the complainant' and there were 'substantial grounds' justifying Mr Behan's dismissal.
Daily Mail
15-07-2025
- Daily Mail
Op shop worker quits after telling his bosses there was a 'bullet with your name on it' and threatening them with bikies - before asking for his job back
An op shop worker who allegedly threatened to unleash bikies on his bosses and told them there was 'a bullet with your name on it' has lost his claim he was unfairly sacked. Thor Dewar argued he quit in the 'heat of the moment' from Pek Care Op Shop, in Midvale, in Perth 's eastern suburbs, but should have been given the chance to retract his resignation. However, Pek Care objected to Mr Dewar's unfair dismissal application, on the basis it had not dismissed him, but rather he had resigned. The charity claimed Mr Dewar was given verbal warnings about his conduct and performance, and after a customer complaint in September last year, it issued a formal written warning and provided him with an opportunity to improve his behaviour. The concerns included allegations Mr Dewar had watched 'demonic videos', played inappropriate music at work and repeatedly used the female toilets despite being told to stop. It was also alleged Mr Dewar accused a co-worker of using drugs, gambling and having sex with numerous men and told his co-workers he had been in jail with one of the organisation's volunteers, who he alleged was charged with murder. The organisation said it intended to raise the issues during a September 6 meeting, but claimed Mr Dewar 'hijacked the conversation and resigned'. During the meeting, the worker allegedly told the manager and corporate manager that he knew bikies and they would 'be after Pek', 'you better watch your back' and 'there is a bullet with your name on it'. He also allegedly made threatening gestures with a clenched fist and then said 'I'm done' and 'I'm out of here'. The manager asked Mr Dewar for his keys, and after collecting his personal items, he allegedly threw the keys at his colleagues. Later, the worker texted the corporate manager to ask about returning to the job and whether he had been fired, but was told he had resigned. Mr Dewar said he felt as if nothing he said would be believed due to his previous incarceration, and he felt undervalued and underappreciated as an employee. When asked whether he disliked Pek's management, Mr Dewar stated he had a lot of respect for them which was lost after their last conversation. When pressed on why he would remain in employment at an organisation he disliked so much, he noted financial pressures and obligations requiring him to hold down a job. He admitted to using the female toilets at work due to the poor condition of the men's bathrooms. FWC commissioner Paul Schneider found while Mr Dewar resigned in the heat of the moment, Pek should have provided him with an opportunity to clarify the resignation after he cooled down rather than immediately accepting it. But he found that the worker made 'direct threats to the personal safety' of his managers, causing them to be 'concerned for their personal wellbeing' and his threats alone justified his dismissal.
