Tribunal awards €21,000 to former Kielys barman

A former assistant bar manager at Kielys in Donnybrook has been awarded €21,000 in redundancy money by the Employment Appeals Tribunal.

Father of two John Gallagher (43), from Ballinteer in Dublin, who had worked in Kielys since 1989, claimed his hours were reduced from five days a week to two in August 2012, as work was directed to the family of owner Mary Cremin.

Mr Gallagher’s solicitor, Jamie Sherry of Business and Commercial Solicitors, told the tribunal Mr Gallagher held a senior position and frequently worked longer than the 40 hours a week for which he was paid.

He said Mr Gallagher was a keyholder, who was required to lock up when the pub closed, but was told he would be better off looking for another job.

New position

Mr Sherry said Mr Gallagher had been promised redundancy, but this was never paid.

Mr Sherry said his client would have been a well-known man in the licensed industry in Dublin and had been able to secure a new position with publican Charlie Chawke’s bar, Searsons of Baggott Street, within a matter of days.

However, after a number of contacts with Ms Cremin and her husband Pat, the major shareholders in Donnybrook Inns Ltd – the company which controlled Kielys – Mr Gallagher’s redundancy remained unpaid.

Mr Gallagher claimed he was given various excuses, including that the company accountants were on holiday, but had a chance meeting with one of the accountants who told him this was not the case.

Counsel for Donnybrook Inns, Francis Drumm, said seasonality had crept into the licensed business and Mr Gallagher’s hours had been altered on a number of occasions including January, November and August 2012.

‘Plain fact’

He said the “plain fact” was that Mr Gallagher had taken the opportunity to get another job after his hours were reduced, and had resigned his position in Kielys.

Mr Drumm also disputed Mr Gallagher’s length of service. He claimed Mr Gallagher had previously resigned in 1995, saying that he wanted to travel the world.

Mr Drumm told the tribunal that after a “big party”, Mr Gallagher only went as far as Jersey and returned after three months.

Chairman of the tribunal Dermot Mac Carthy SC said Mr Gallagher’s contract of employment was altered significantly and Mr Gallagher had been entitled to repudiate it and resign, claiming redundancy.