Ken­mare Park faces €90k dis­missal bill

The Kerryman (Tralee Edition) - - NEWS - By SI­MON BROUDER

THE lux­ury Ken­mare Park Ho­tel is fac­ing a po­ten­tial bill of €90,000 af­ter the Labour Court rec­om­mended it should pay a for­mer man­ager to set­tle an un­fair dis­missals claim.

The Labour Court rec­om­men­da­tion came af­ter the ho­tel man­ager ini­ti­ated an ac­tion on Au­gust 13 last af­ter he was not re­tained in his se­nior po­si­tion.

The man­ager claimed, dur­ing a Septem­ber 28 Labour Court hear­ing, that he was specif­i­cally head-hunted for the role of the ho­tel’s gen­eral man­ager.

The court heard that af­ter roughly 11 weeks in the po­si­tion he was sub­se­quently, and with­out warn­ing, dis­missed from his po­si­tion by the ho­tel’s Man­ag­ing Di­rec­tor John Bren­nan.

It was the claimant’s case that he had moved to the Ken­mare ho­tel on the un­der­stand­ing that he had a 36 month con­tract of em­ploy­ment.

Solic­i­tors for the Ken­mare Park pointed in court that the con­tract of em­ploy­ment un­equiv­o­cally pro­vided that ei­ther party could ter­mi­nate the con­tract by giv­ing writ­ten no­tice dur­ing the pro­ba­tion­ary pe­riod.

The ho­tel main­tain that this was pre­cisely what they did.

The Park Ho­tel ar­gue that the man­ager in­volved was on a pro­ba­tion­ary pe­riod and the ho­tel was fully within its rights not to re­tain him.

The Labour Court took is­sue with the cir­cum­stances in which the man­ager had his em­ploy­ment ter­mi­nated and found that “the pro­ce­dures adopted in the ter­mi­na­tion of the claimant’s em­ploy­ment were se­ri­ously flawed.”

The Court has rec­om­mended a pay­ment of €90,000 to the for­mer man­ager in full set­tle­ment of his claim.

This rec­om­men­da­tion is non bind­ing on the ho­tel which is un­der­stood to be tak­ing fur­ther le­gal ad­vice on the mat­ter.

The Ken­mare Park Ho­tel

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