World News – UK – Ashford Castle concierge released after being ill for three years and deemed fair

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Gordon Deegan

The dismissal of a concierge by the five star Ashford Castle after three years of illness was deemed fair

In a ruling by the labor court, deputy chairwoman Louise O’Donnell has dismissed David McCormack’s unjustified dismissal action against the luxury hotel company

Mr. McCormack, who has been with the hotel since 2003 and was promoted to Concierge in 2011, was announced on Jan. November 2014 and stayed until his release on November 4 October 2017 on sick leave

In the Labor Court Findings, Ms. O’Donnell stated that Ashford Castle Ltd was honestly convinced that Mr. McCormack “was unable to do the work for which he was hired because of his poor health”

The Labor Court’s decision upholds an earlier Workplace Relations Commission (WRC) ruling that also found the decision to fire Mr. McCormack was a fair one

The case went to Labor Court after Mr. McCormack decided to appeal the WRC ruling

Mr McCormack stated that when he fell ill in 2014 it was due to his work environment

He argued that his continued absence was related to issues related to his work environment that he was trying to resolve

During his spare time, Ashford Castle referred Mr. McCormack five times for health and safety assessments

After the last assessment in August 2017, the doctor advised: “Given the profound discomfort and its lengthy absence and persistent symptoms, I don’t think a return to work at this point would be successful and this is unlikely to change in the medium term ie at least three to six months “

Ms. O’Donnell reports that an exchange of correspondence about the accommodation of Mr. McCormack’s employees took place at the beginning of 2016

On 2 September 2016, Mr. McCormack brought bullying charges against an employee

Ashford Castle General Manager Niall Rochford met on Jan. December 2016 with Mr. McCormack to hear his complaints

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On 10 On January 1st, 2017, Mr. Rochford submitted his findings on the 48 complaints that Mr. McCormack had raised

Mr McCormack appealed Mr Rochford’s findings but did not attend the meeting held to hear his appeal

After Ashford Castle received the final health and safety assessment in August 2017, he met with Mr. McCormack and gave him the opportunity to come up with suggestions that would help him return to work

The hotel company advised Mr. McCormack that the issue of his dismissal for incapacity for work was under consideration

Ms. O’Donnell said the only suggestion from Mr. McCormack was that Ashford Castle be patient while processing an application through the WRC

Ms. O’Donnell said the court found that Mr. April 2018 was submitted

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