Labour Court finds the pair were unfairly dismissed due to their trade union activities
That company-wide structure was made clear in the Labour Court by Troia’s Sara Conway: service charges, gratuities and tips are controlled centrally and used to pay staff; any money over and above “is rolled forward”; and any shortfalls made up by the company.
Marciniak and Laiermanova had encouraged around 20 workers to join Unite, which was seeking collective negotiation. But the court found that manager Jamie Belton’s claim, that he was unaware they were active union members, was not credible. It also ruled that on the balance of probabilities Belton had deliberately submitted a factually incorrect report in the disciplinary process.
When the initial problems arose at the Ivy, she thought:"Who will care about a few young migrant workers in transitory jobs?" But she was buoyed up by Unite's support, by public support, by theof stories in The Irish Times, and revelation of the"unfair" tipping practices. Joan Collins highlighted the tips practice in the Dáil, and Unite's Brendan Ogle"went beyond helping us", says Marciniak.
Marciniak says that for workers less than a year in a job, “if you ask about your breaks, you can be dismissed. See ya!” For Marciniak, “the Ivy’s whole business model is based on exploitation. Even now, the service charge is still used to pay contracted wages. It’s a loophole in the new laws which is misleading customers about where the money is going.”
As well as a win for the two workers, the ruling is seen as quite significant in wider industrial relations. Findings of unfair dismissal linked to trade union activities are rare, according to Industrial Relations News. Employment lawyer Richard Grogan, who was not involved in the case, says: “It was a very significant decision by the Labour Court. The issue of union membership is one some employers misunderstand, and don’t see the danger of dismissal for union mobilising.
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