A worker let go when the patron of Ireland’s only full-time Irish-language boarding school moved to taking day pupils only has secured orders worth nearly €12,000 for employment rights breaches.
The Workplace Relations Commission (WRC) has upheld a series of statutory complaints by Antóin Ó Dúllaing against Gaelachas Teo, the Irish language organisation and school patron.
Mr Ó Dullaing held employment as a boarding supervisor in charge of overnight pupils at Choláiste an Phiarsaigh and Scoil na nÓg in Glanmire, Cork City until it ceased taking boarders in May 2024.
He told the WRC he worked nights on Sundays, Mondays and Tuesdays at the school. He said that despite having nine years’ service when the boarding facility shut down, he had received no notice of the closure and no statutory redundancy.
He also claimed he was “underpaid by €20,912.67” over the course of his nine years in the employment, which he was pursuing under the National Minimum Wage Act.
He also referred further complaints under the Organisation of Working Time Act in respect of holiday pay and annual leave, along with further alleged employment rights breaches.
A management representative came to one preliminary hearing into Mr Ó Dullaing’s complaints in January, but failed to appear before the WRC when the matter was called on again in April, the tribunal noted.
Adjudicator Gaye Cunningham wrote that the second hearing had been “convened due to the board not having enough time to prepare for the first hearing”.
She noted Gaelachas’s written submission that it had examined its records to see what employees were due redundancy when it decided to “suspend” boarding services. “Those entitled to receive redundancy received same,” the statement said.
The submission stated that the organisation’s records were that Mr Ó Dullaing “does not have the 104 weeks’ continuous service in order to qualify for a statutory redundancy”.
The respondent further submitted that Gaelachas had been managed by one person until May 2024, who had fallen ill and was “not in a position to assist us further”.
The submission stated that all of the supervisors were “made aware of the decision to suspend boarding services” and that it had no record of any prior issue being raised about the rates of pay.
Addressing the use of the phrase “off the books” in Mr Ó Dullaing’s complaint form, the submission said Gaelachas did not “understand the reference”.
Ms Cunningham noted the organisation’s written submission that it was facing multiple similar complaints from former boarding supervisors.
She found that Mr Ó Dullaing was entitled to a statutory redundancy payment on the basis of 8.9 years’ service from June 2015 to May 2024.
Based on the statutory formula under the Redundancy Payments Act, the order is worth over €5,000, but is subject to confirmation of PRSI status for the period.
She upheld two complaints by Mr Ó Dullaing under the Organisation of Working Time Act 1997 in respect of non-payment for annual leave and public holidays.
Ms Cunningham awarded €2,000 in compensation for those two rights breaches and €270 for the economic value of the unpaid leave in each case, totalling €4,540.
The employer was also directed to pay Mr Ó Dullaing four weeks’ wages, €1,080, for each of two further breaches: failing to give him a statement of employment terms following commencement of the job, and for failing to give the required four weeks’ statutory notice.
She rejected Mr Ó Dullaing’s National Minimum Wage Act claim on the basis that he had failed to write to his employer looking for a statement of his hours in advance of referring the complaint.
