Waitresses unfairly sacked due to trade union activity, Labour Court finds

The Labour Court rejected the reasons given for the sackings by the Ivy restaurant in Dublin and accused management at the restaurant of submitting a false report. 

Two waitresses were sacked from a well-known restaurant in a high-profile dispute over tips because they had been involved in trade union activity, according to a highly unusual ruling in the Labour court. 

The court rejected the reasons given for the sackings by the Ivy Restaurant in Dublin and accused management at the restaurant of submitting a false report. 

One of the women involved, Julia Marciniak, told the Irish Examiner that the result is a major victory for workers’ rights. 

“It shows that there is justice out there for people who are not treated properly,” she said. 

It means that workers do not have to be afraid to join a trade union if they believe that they should do it.” 

According to Professor Michael Doherty of Maynooth University, very few industrial relations rulings accept that an employee has been dismissed for trade union activity. 

“It tends to be quite difficult to prove,” he says. 

“It may be the case that, on occasion, that has been thrown into the mix but the court has found that the person was dismissed for other reasons. So it is unusual that they would rule in favour of that.” 

The case involving the two women led to protests outside the Dawson Street restaurant in 2019 and resulted in the initiation of new legislation on tipping following a meeting between the women and then minister for social protection Regina Doherty. 

Wages legislation

The General Scheme of the Payment of Wages Amendment Tips and Gratuities Bill will outlaw the practice of including tips as part of a basic pay rate in the hospitality industry.

Ms Marciniak and her colleague Lenka Laiermanova were dismissed allegedly on the basis of incidents in the restaurant. 

However, after the first month in employment, they had been informed that tips would go towards filling the gap between the national minimum wage and the rate they had been recruited at.

They protested, but despite assurances, the issues were not resolved and both women joined the trade union Unite and encouraged others on the waiting staff to do so.

They were subsequently disciplined over service to a customer. The Workplace Relations Commission didn’t accept that the sackings were due to trade union activity but the Labour Court upheld the women’s appeal.

The court found the actions of the restaurant management “raise serious concerns about the bona fides of the allegations against the complainants [the two women]”; that the restaurant manager “submitted a report that was factually incorrect”. And in the case of each woman, “the case supports the complainant’s contention that the allegations of ‘misconduct’ were an attempt to hide the real reason for her dismissal which was because of her trade union activities”. 

Compensation

The only compensation available to the women was for loss of earnings after their dismissal and before they obtained other employment. 

In the case of Ms Laiermanova, this amounted to €7,924 and for Ms Marciniak a sum of €2,016 was awarded. Unite officer Brendan Ogle said the ruling was a massive one for workers’ rights. 

“This case has meant there is a change in legislation to ensure that employers can’t get their hands on tips. Proving that they were sacked over trade union activity was a notoriously high bar to clear, it’s almost impossible. But Julia and Lenka took on project impossible and they won.” 

No response was received to inquiries made to the Ivy Restaurant group.