Irish hotel worker who was replaced by Ukrainian staff awarded €5,000 for discrimination by WRC

Former night porter at Derrynane Hotel said his duties were reassigned to other staff, including Ukrainian residents, whom he alleged were engaged at a lower cost

The WRC heard Mr McCormack told him there was "no work available" and that he would be contacted when business improved. 

A former night porter at a Kerry hotel whose job was reassigned to Ukrainian workers has been awarded €5,000 by the Workplace Relations Commission (WRC) after enduring "discriminatory treatment" by the hotel owners, Green Cliff Investments Ltd. 

Thomas O'Reilly worked as a night porter at Derrynane Hotel for two and a half years, earning €14 per hour working 16 hours a week. In January 2025, Mr O'Reilly said the hotel's manager, Martin McCormack, informed him of staff reductions at the hotel which were linked to reduced numbers in State-provided Ukrainian accommodation. 

The WRC heard Mr McCormack told him there was "no work available" and that he would be contacted when business improved. 

Mr O'Reilly said that, despite following up with Mr McCormack, he was repeatedly told no work was available. The former night porter believed his employment had been effectively terminated without formal redundancy. He alleged that this was an attempt by the hotel to avoid statutory redundancy obligations.

Duties reassigned to other staff 

Mr O'Reilly submitted that his role had not been made redundant, as night porter duties continued and were reassigned to other staff, including Ukrainian residents, whom he alleged were engaged at a lower cost. He argued this amounted to unfair dismissal and discrimination on the grounds of race, as he was replaced rather than made redundant and that preference was given to Ukrainian workers over him as an Irish employee.

The night porter also told the WRC that he had never been provided with a written contract or employee handbook, had not received redundancy pay, and had been underpaid for bank holidays.

WRC adjudicator Úna Glazier-Farmer said Mr O'Reilly gave evidence of his "unblemished record and good working relationships," and that he had proactively supported Ukrainian residents during his employment. 

The former night porter told the WRC that he used his annual leave to volunteer in humanitarian efforts, driving aid from Ireland to Ukraine and advocating for Ukrainians in Ireland.

Mr O'Reilly said his attempts to secure clarity regarding his position were met with vague responses, leaving him effectively in limbo until he sought alternative employment, which he subsequently secured in March 2025 with an hourly rate of €15. 

Responding to Mr O'Reilly's claims, hotel manager Mr McCormack said the former night porter had been engaged on a series of short-term, approximately three-month contracts, which could be terminated on short notice, and that Mr O'Reilly had been aware of the temporary nature of his role from the outset. 

'Uncertain' staffing needs

Mr McCormack also submitted that the hotel had been operating under a Government contract providing temporary accommodation and that staffing needs were uncertain due to the evolving circumstances of the war in Ukraine.

The hotel manager said occupancy levels decreased significantly, with numbers falling to approximately a quarter of previous levels due to a lack of relocations, leading to cuts in staff. He stated that the decision to lay off Mr O'Reilly arose from reduced demand and the need to consolidate staffing rather than any intention to terminate his employment unfairly.

Mr McCormack added that other workers, including Ukrainian residents, had already been performing night porter duties and carrying out additional roles within the hotel, and that the Mr O'Reilly had only been working limited days in comparison. He said the allocation of work was based on operational requirements and flexibility rather than nationality.

Mr McCormack strongly denied the allegation of racial discrimination, describing it as "serious and unfounded." He said Mr O'Reilly had never been treated differently on that basis. 

The hotel manager acknowledged that Mr O'Reilly had not been provided with a written contract or employee handbook, citing the temporary and uncertain nature of the arrangement. He also accepted that no minimum notice had been given before Mr O'Reilly's layoff and characterised this as a failing on their part.

WRC adjudicator Ms Glazier-Farmer ruled in favour of the former night porter, finding that Mr O'Reilly was discriminated against by the hotel on the ground of race. The adjudicator ordered the hotel to pay Mr O'Reilly €5,000 for the discriminatory treatment he endured.

In addition, Ms Glazier-Farmer awarded Mr O'Reilly a further €1,120 in compensation for his unfair dismissal, equating to five weeks' pay. An additional €488 was awarded as compensation to Mr O'Reilly for not receiving a minimum notice of two weeks. 

Further to this, two weeks' remuneration totalling €488 was also awarded to the former night porter, along with an additional €244 awarded under section 27 of the Organisation of Working Time Act, 1997. In total, Ms Glazier-Farmer ordered Green Cliff Investments Ltd to pay Mr O'Reilly €7,340.