Poles' unfair dismissal case settled in Killarney

SIPTU has called for a review of the work permit system after an unfair dismissals case on behalf of two Polish workers in a …

SIPTU has called for a review of the work permit system after an unfair dismissals case on behalf of two Polish workers in a large factory on the Cork/Kerry border was settled as it was about to be heard at an Employment Appeals Tribunal in Killarney.

In background notes provided yesterday by the union, the workers claimed that after two years at the Munster Joinery window and door-making factory in Ballydesmond, Co Cork, they were told they were fired. They were given 10 minutes to take their belongings from the accommodation provided by the employer and taken separately by taxi from the accommodation in Killarney to Cork Airport.

There they were were handed one-way tickets back to Poland and advised to return there. They claimed they were given no proper reason for their dismissal.

The Cork-Kerry region had a high proportion of non-nationals working on visas and they were "vulnerable to the demands of employers", Mr Donal Tobin, branch secretary, said after the settlement of the case of Mr Wojciech Zoltek (21) and Mr Tadeusz Ciesielski (26) against Kellor Services Ireland Ltd and Munster Joinery, Ballydesmond, Co Cork.

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SIPTU was now "actively examining" the areas of non-national labour in Cork and Kerry, Mr Tobin said.

"One of the things this case highlights is that by virtue of the fact they had spent over a year with the company, they were covered by Irish labour laws."

While the claim was for reinstatement, "the issue was compensation, not reinstatement", Mr Tobin said.

He refused to disclose the amount of the settlement.

He said Polish workers were now part of the EU, and did not need permits to work here. However, there were large numbers of other non-EU workers in the region.

Mr Pádraig O'Connell, solicitor, said in the open tribunal "there was no mention of money".

Afterwards he told reporters: "The claim is withdrawn. The settlement is confidential. They sought reinstatement. They would not be reinstated." The company was denying unfair dismissal.

Asked also about claims by the dismissed workers about being under "constant pressure" and about severe working conditions at the factory, Mr O'Connell said there were 240 Polish people working for Munster Joinery in Ballydesmond, which has a total workforce of 1,000. They had "integrated totally with the workforce and locality, and had absolutely no difficulty with their employers" .

The case would have been fully contested on all issues, and the applicants would have been cross-examined, Mr O'Connell added.