The Workplace Relations Commission awarded Andre Santos €11,520 after finding he was unfairly dismissed by Seafield Golf And Spa Hotel. The decision was dated 26 September 2023. The officer found shortcomings in the hotel’s investigation and disciplinary process, including that Santos was not given the evidence against him and a cross-complaint against another employee was not investigated.
The hotel said it dismissed Santos for gross misconduct after two incidents. Santos argued that he was not given a fair chance to answer the evidence and said he had been assaulted during the second incident. The officer found that the treatment was not linked to race. Santos’s loss was assessed at €450 a week for 64 weeks, but the officer attributed only 40% of it to the hotel because Santos made limited efforts to find work.