Gamekeeper paid €43k for unfair dismissal

This story has been subject to the following update on February 3, 2017: Following an appeal by Henry Gwyn-Jones the findings of the Employment Appeals Tribunal were overturned at Dungarvan Circuit Court on 17 December 2013.

Original story: The owner of one of the biggest country houses in Cork has been ordered to pay a former employee more than €43,000 in compensation for unfair dismissal from his job.

The Employment Appeals Tribunal had ordered Henry Gwyn-Jones, the owner of Ballynatray House outside Youghal, Co Cork, to pay his former head gamekeeper, John Dawson, a total of €43,184 for wrongfully making him redundant.

The 18th-century mansion, located on an 850-acre estate on the banks of the River Blackwater, operates as an exclusive country house with guest accommodation incorporating a range of leisure activities, including shooting, deer-stalking, and fishing.

It was bought by Mr Gwyn-Jones, a British property developer, in 2004 for over €11m.

The tribunal upheld the original recommendation of a rights commissioner which went in favour of Mr Dawson in an appeal taken by Mr Gwyn-Jones.

At a hearing in Waterford on Apr 22, a legal representative of Mr Gwyn-Jones applied unsuccessfully to have the case adjourned on the basis that nobody from Ballynatray was available to give evidence. However, the tribunal ruled that the case should proceed as Mr Dawson had travelled from Britain to attend the hearing.

He told the tribunal that he was informed in Dec 2009 that he was being made redundant in Mar 2010 as a decision had been taken not to hold any shooting events that season.

However, Mr Dawson, who now lives in Chester, told the tribunal the shooting season had continued at Ballynatray and that the work he normally would do in relation to shooting activities was being carried out by another person whom he had trained.

The tribunal also heard that Mr Dawson was told that if the position changed and business improved, he would be cont-acted to come back to his job. Although things did improve at Ballynatray, he heard nothing further from Mr Gwyn-Jones.

In its ruling, the tribunal said a redundancy situation did not exist as somebody else had continued in Mr Dawson’s position.

The tribunal said fair procedures had not been afforded to Mr Dawson as no possible alternatives were discussed and no selection criteria had been agreed.