The operator of a Kerry hotel that houses refugees has been ordered to pay €5,000 in compensation after being found to have discriminated against an Irish night porter by selecting him for redundancy over Ukrainian workers.
The Workplace Relations Commission ruled that Green Cliff Investments Limited breached the Employment Equality Act 1998 by discriminating against Thomas O’Reilly on grounds of race, reports Breaking News.
The WRC also found that the company — which operates the Derrynane Hotel near Caherdaniel, Co Kerry — had unfairly dismissed Mr O’Reilly.
It awarded the former night porter total compensation of €7,340 for breaches of employment legislation, reports Breaking News.
The company had argued that work allocation was based on operational needs and flexibility rather than nationality.
The hotel’s general manager, Martin McCormack, described the racial discrimination allegation as “serious and unfounded,” reports Breaking News.
Mr O’Reilly told the WRC that he had worked at the hotel for two and a half years until he was informed in January 2025 that staff reductions were required due to falling numbers in State-provided accommodation for Ukrainian refugees.
He said the situation was presented as temporary and that he would be contacted when business improved, reports Breaking News.
Mr O’Reilly described a letter sent to him indicating there was “no work available” as misleading, given that the role continued to be carried out by others.
He told the commission he believed his employment had been effectively ended without formal redundancy, which he claimed was an attempt to avoid statutory redundancy obligations, reports Breaking News.
The WRC heard that his night porter duties were reassigned to other staff, including Ukrainian residents, whom he claimed were engaged on a lower pay rate.
Mr O’Reilly, who had volunteered to drive humanitarian aid from Ireland to Ukraine during his annual leave, also complained that he had never been provided with a written contract or employee handbook and had been underpaid for bank holidays, reports Breaking News.
He said the hotel’s failure to clarify his situation had left him in effective limbo until he sought alternative employment in March 2025.
Mr McCormack told the WRC, however, that Mr O’Reilly had been engaged on a series of short-term three-month contracts which could be terminated at short notice, reports Breaking News.
He said the night porter had been aware of the temporary nature of the role from the outset, as staffing requirements were uncertain given that the hotel was operating under a government contract to provide temporary accommodation to Ukrainian refugees.
Mr McCormack said the company had needed to reduce staff as the number of residents had dropped to a quarter of its previous level, and that other workers — including Ukrainian residents — had already been performing night porter duties and additional roles, while Mr O’Reilly had been working only a limited number of days by comparison, reports Breaking News.
The hotel manager acknowledged that Mr O’Reilly had not been given a written contract or minimum notice, and said he was unaware of any alleged holiday underpayments as payroll had been outsourced.
In her ruling, WRC adjudication officer Úna Glazier-Farmer said she accepted that the hotel had experienced a downturn in business but also that the night porter role had continued to exist, with Mr O’Reilly’s duties redistributed to other staff, reports Breaking News.
Ms Glazier-Farmer found that the company had failed to demonstrate that fair procedures were applied in selecting Mr O’Reilly for redundancy, rendering his dismissal unfair, and that he had been discriminated against on grounds of race, having been treated less favourably than Ukrainian staff who performed the same duties and retained their positions, reports Breaking News.
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