Latest news with #PaymentofWagesAct
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'.
RTÉ News
07-07-2025
- Business
- RTÉ News
Group of staff at Shanahan's on the Green left short nearly €35,000
A group of staff at Dublin restaurant Shanahan's on the Green were left short nearly €35,000 when it shut abruptly last year, a tribunal has found. The Workplace Relations Commission (WRC) has heard multiple statutory complaints from former employees of its operator, JMS International Holdings since the closure of the prominent restaurant and has made awards to six workers to date. There had been a promise to staff that Shanahan's would get back in business and pay what it owed to the workers, a waiter told the tribunal last month. "These plans never came into fruition," he said. In each case, the workers - who include chefs, front-of-house staff and the company's long-standing bookkeeper - have told the employment tribunal the company failed to pay them any wages for their last week at work. Six workers, each with more than a decade's service, gave evidence to WRC adjudication officers that they received no notice of termination in circumstances where they were entitled to six to eight weeks each. Waiting staff said that as well as being denied their last week's wages and other statutory entitlements, they were also left without their tips when the restaurant closed. The tribunal heard that when tips and service charges were accounted for, some senior waiters at Shanahans were making €1,000 a week or more while working full-time hours. 'He didn't tell us anything' "It was left to the manager to inform us what was happening, he didn't tell us anything. The company shut down; I was left a week without pay – there was also unpaid tips and service charges," waiter David Byrne told the WRC last month. Mr Byrne, who had only started four weeks before the closure, said Shanahan's "shut down quite quickly". "We were told the Sunday night, and from there, it was just shut down. We were emailed, we were told everything would be sorted out, that he had plans to open up again and get everyone paid. These plans never came into fruition." Mr Byrne was due no statutory redundancy or notice pay due to his short service, but said he had not been paid for three shifts in his last week in the employment. Adjudication officer Conor Stokes found the restaurant's management breached the Payment of Wages Act 1991 by failing to pay Mr Byrne the €360 he was owed for working three dinner shifts. Mr Stokes also found Mr Byrne's split of the service charges for that week, €74.80, along with €47.63 in tips, was not paid out in a further breach of the Payment of Wages Act on the part of the restaurant. The total awarded to Mr Byrne was €684.93. Left 'in the lurch' The restaurant was coming up on its 25th anniversary when staff were informed that it had ceased trading. Five workers have secured orders for statutory notice on the basis of working there over a decade. Waiter Luke Carragher was awarded €3,300 for unpaid wages and holiday pay. Paul Harte, another waiter, an employee of Shanahan's since 2006, won €9,855, comprising a week's gross pay and eight weeks' notice. Assistant manager Angelo Lamberti, who was earning €1,200 a week, including tips and gratuities, won €5,280 for unpaid notice pay, wages and holiday entitlements. Chef Piotr Fraszczyk won €5,950 and bookkeeper Kathleen Friel won €9,855 on the same basis. The total awards made against JMS International Holdings by the WRC to date now stand at €34,992.93. The restaurant's management has not attended any of the cases decided by the WRC to date. One of the longest-serving staff is chef Gheorge Danescu, whose case was also heard last adjudicator Penelope McGrath told him: "I have met a number of your colleagues at this stage. You were all let go without any explanation in October of last year. It was a difficult situation, undoubtedly." "19 years," Mr Danescu said, adding: "They've been like a family." "I can see from the tone of the emails he [the owner] sent that he had a good rapport with his staff, but he did leave you in the lurch," Ms McGrath said. She noted that there was an email from the owner "stating that Revenue had frozen the bank accounts and he was going to go back to the States and attempt to raise funds". "You were given no notice, because that was effectively your last day of work," she added. The WRC's decision on Mr Danescu's complaints has yet to be published. The chef's wife asked Ms McGrath at the hearing: "Who's going to pay the money?" Ms McGrath said: "Some monies can be claimed through the social insurance fund. You need to talk to your colleagues; I can't give you legal advice [but] it's not without hope." "It won't be from the respondent. The status of the respondent would be known to the [Department of Social Protection]," she added.
Irish Independent
18-06-2025
- Business
- Irish Independent
Court date set for appeal of €550k award to man unfairly dismissed by Elon Musk's X
Home > Business > Irish Business Former executive did not respond to new CEO's 'Fork in the Road' email Elon Musk, owner of the X social media platform. Photo: Reuters In the ruling last August, Workplace Relations Commission (WRC) adjudicator Michael MacNamee found that Twitter International UC – since renamed X Internet Unlimited Company – unfairly dismissed a former company executive Gary Rooney in December 2022. It came after he failed to respond to Mr Musk's 'Fork in the Road' email which was sent to all employees following the billionaire's takeover of the firm. Mr Rooney has yet to receive any of the monies as the case is before the Labour Court on appeal from Twitter International UC. Solicitor for Mr Rooney, Barry Kenny of Kenny Sullivan Solicitors in Bray, confirmed the case 'is listed for hearing in the Labour Court on July 29 for three days'. Mr Kenny said: 'My client is anxious to put all this behind him. The WRC determined that X's treatment of him as a long-standing and loyal employee amounted to an unfair dismissal. Mr Rooney is anxious that the Labour Court will affirm this decision. 'Mr Rooney is also hopeful that the claim under the Payment of Wages Act and his loss of income arising due to the fact that he was unfairly dismissed is also affirmed. 'It is open to the Labour Court to increase or reduce sums awarded in the WRC as it will be a de novo hearing. 'X have advised that they intend to call at least three witnesses. Some or all of them may be giving evidence remotely from the USA. Mr Rooney is the only witness in his own case.' At the WRC, Twitter International UC fully contested Mr Rooney's claim over five days of hearing, contending that he had resigned voluntarily. In his findings, Mr MacNamee found that Mr Rooney was dismissed because he did not click 'yes' to Mr Musk's 'Fork in the Road' email on November 16, 2022, and for that reason alone. Mr Musk said: 'If you are sure that you want to be part of the new Twitter, please click yes on the link below.' After Mr Rooney opted not to click 'yes', three days later on November 19, 2022, he received a further company email which stated that it is 'to acknowledge your decision to resign and accept the voluntary separation offer'. On November 26, 2022, Mr Rooney – who began working with the company in 2013 – emailed his employer to outline 'that at no time have I indicated to Twitter that I am resigning my position'. In evidence, Mr Rooney told the WRC that before the change of ownership, he loved his job. On receiving Mr Musk's 'Fork in the Road' email, Mr Rooney told the hearing that his first reaction was disbelief and he was initially afraid to open it for fear that it was spam or malware. Join the Irish Independent WhatsApp channel Stay up to date with all the latest news Elon Musk X (formerly Twitter)
Irish Daily Mirror
17-06-2025
- Business
- Irish Daily Mirror
3 days set aside for X to appeal Irish worker's record €550k unfair dismissal
The Labour Court has set aside three days at the end of next month to hear Elon Musk's X appeal against a ruling that it must pay out an Irish record unfair dismissal award of €550,131 to a former executive. In the ruling last August, Workplace Relations Commission (WRC) Adjudicator Michael MacNamee found that Twitter International UC - since renamed X Internet Unlimited Company - unfairly dismissed the company's former Director Source to Pay, Gary Rooney in December 2022 after he failed to respond to Elon Musk's 'Fork in the Road' email. Mr Rooney has yet to receive any of the monies as the case is before the Labour Court on appeal from Twitter International UC. On Tuesday, solicitor for Mr Rooney, Barry Kenny of Kenny Sullivan Solicitors in Bray, confirmed that the case 'is listed for hearing in the Labour Court on July 29 for three days'. Mr Kenny said: 'My client is anxious to put all this all behind him.' He said: 'The WRC determined that X's treatment of him as a long standing and loyal employee amounted to an unfair dismissal. Mr Rooney is anxious that the Labour Court will affirm this decision.' He said: 'Mr Rooney is also hopeful that the claim under the Payment of Wages Act and his loss of income arising due to the fact that he was unfairly dismissed is also affirmed.' Mr Kenny said: 'It is open to the Labour Court to increase or reduce sums awarded in the WRC as it will be a De Novo hearing.' He said that "X have advised that they intend to call at least three witnesses, some or all of them may be giving evidence remotely from the USA". He added that "Mr Rooney is the only witness in his own case". At the WRC, Twitter International UC fully contested Mr Rooney's claim over five days of hearing contending that he had resigned voluntarily. In his findings, Mr MacNamee found that Mr Rooney was dismissed because he did not click 'yes' to Elon Musk's 'Fork in the Road' email on November 16, 2022 and for that reason alone. On November 16, 2022, Mr Rooney and the Twitter workforce received an email from Mr Musk, who said: 'To build a breakthrough Twitter 2.0 and succeed in an increasingly competitive world, we will need to be extremely hardcore. This will mean working long hours at high intensity. Only exceptional performance will constitute a passing a grade." Mr Musk said: 'If you are sure that you want to be part of the new Twitter, please click yes on the link below.' After Mr Rooney opted not to click 'yes' on the link, three days later on November 19, 2022, he received a further company email which stated that it is 'to acknowledge your decision to resign and accept the voluntary separation offer'. On November 26, 2022, Mr Rooney - who had been with the company since 2013 - emailed his employer to outline 'that at no time have I indicated to Twitter that I am resigning my position, nor have I seen any separation agreement let alone accepted one'. In evidence, Mr Rooney told the WRC that prior to the change of ownership, he loved his job. On receiving Mr Musk's 'Fork in the Road' email, Mr Rooney said his first reaction was disbelief and he was initially afraid even to open it for fear that it was spam or malware. Twitter International UC's Senior Director of Human Resources, Ms. Lauren Wegman, told the hearing that Mr Musk's 'Fork in the Road' email was sent to 270 employees in Ireland, which was the balance of workers not affected by redundancies, and 235 clicked 'yes'. In relation to the remaining 35 employees, Ms. Wegman said: 'We accepted their resignations.' Ms Wegman said the mood amongst workers at the time was mixed, with some excited about 'Twitter 2.0' while others were more negative and wanted out of the company. The record €550,131 award was made up of Mr Rooney's remuneration losses of €350,131 from January 2023 to May 2024 and estimated future remuneration losses of €200,000. The remuneration losses were based on Mr Rooney's Twitter remuneration of €323,560, made up of €151,225 in pay and €172,335 in deferred cash consideration. Mr Rooney secured a new role with an employer in the banking sector in September 2023 on total remuneration of €129,897.
Irish Examiner
17-06-2025
- Business
- Irish Examiner
Labour Court set to hear Elon Musk's X appeal against unfair dismissal award of €550,131
The Labour Court has set aside three days at the end of next month to hear Elon Musk's X appeal against a ruling it must pay out an Irish record unfair dismissal award of €550,131 to a former executive. In the ruling last August, Workplace Relations Commission (WRC) adjudicator Michael MacNamee found Twitter International UC — since renamed X Internet Unlimited Company — unfairly dismissed the company's former director source to pay, Gary Rooney, in December 2022 after he failed to respond to Elon Musk's 'Fork in the Road' email. Mr Rooney has yet to receive any of the monies as the case is before the Labour Court on appeal from Twitter International UC. Today, solicitor for Mr Rooney, Barry Kenny of Kenny Sullivan Solicitors in Bray, confirmed the case 'is listed for hearing in the Labour Court on July 29 for three days'. Mr Kenny said: 'My client is anxious to put all this all behind him.' 'The WRC determined that X's treatment of him as a long standing and loyal employee amounted to an unfair dismissal. Mr Rooney is anxious that the Labour Court will affirm this decision.' 'Mr Rooney is also hopeful that the claim under the Payment of Wages Act and his loss of income arising due to the fact that he was unfairly dismissed is also affirmed," Mr Kenny said. 'It is open to the Labour Court to increase or reduce sums awarded in the WRC as it will be a De Novo hearing.' He said 'X have advised that they intend to call at least three witnesses, some or all of them may be giving evidence remotely from the USA. 'Mr Rooney is the only witness in his own case." At the WRC, Twitter International UC fully contested Mr Rooney's claim over five days of hearing, contending he had resigned voluntarily. In his findings, Mr MacNamee found Mr Rooney was dismissed because he did not click 'yes' to Elon Musk's 'Fork in the Road' email on November 16, 2022, and for that reason alone. On November 16, 2022, Mr Rooney and the Twitter workforce received an email from Mr Musk, who said: 'To build a breakthrough Twitter 2.0, and succeed in an increasingly competitive world, we will need to be extremely hardcore. This will mean working long hours at high intensity. Only exceptional performance will constitute a passing a grade.[....] 'If you are sure that you want to be part of the new Twitter, please click yes on the link below.' After Mr Rooney opted not to click "yes" on the link, three days later, on November 19, 2022, Mr Rooney received a further company email which stated it was 'to acknowledge your decision to resign and accept the voluntary separation offer'. On November 26, 2022, Mr Rooney — who had worked for the company since 2013 — emailed his employer to outline 'that at no time have I indicated to Twitter that I am resigning my position, nor have I seen any separation agreement let alone accepted one'. In evidence, Mr Rooney told the WRC that prior to the change of ownership, he loved his job. On receiving Mr Musk's 'Fork in the Road' email, Mr Rooney said his first reaction was disbelief, and he was initially afraid even to open it for fear it was spam or malware. Twitter International UC's senior director of human resources Lauren Wegman told the hearing Mr Musk's 'Fork in the Road' email was sent to 270 employees in Ireland, which was the balance of workers not affected by redundancies and 235 clicked 'yes'. In relation to the remaining 35 employees, Ms Wegman said: 'We accepted their resignations.' Ms Wegman said the mood among workers at the time was mixed, with some excited about 'Twitter 2.0', while others were more negative and wanted out of the company. The record €550,131 award was made up of Mr Rooney's remuneration losses of €350,131 from January 2023 to May 2024, and estimated future remuneration losses of €200,000. The remuneration losses were based on Mr Rooney's Twitter remuneration of €323,560, made up of €151,225 in pay and €172,335 in deferred cash consideration. Mr Rooney secured a new role with an employer in the banking sector in September 2023, on total remuneration of €129,897. Read More Notable rise in US people seeking jobs in Ireland
