Book-keeper ‘used’ contract situation with brewery to deal with visa status, WRC finds

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Tribunal accepts that worker set terms of contract and then ‘reneged’ on it

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The tribunal heard the complainant started work in June 2020 on a probationary contract as an office manager doing bookkeeping for the microbrewery, which was until recently owned by its founder Cillian Fahey and members of his family.

He said the complainant pulled out the same day they signed the contract, 25th January, 2021, and never performed any of the duties set out in the contract. Gerry Sheehan, the company’s accountancy contractor, said in evidence that the bookkeeping records prepared by Mr Dos Santos were “in no way fit to be used as a basis for company accounts”.

In his own evidence, Mr Dos Santos denied allegations of underperformance and said other colleagues had been responsible for the bookkeeping function alongside him, blaming another colleague in the office for the malt mix-up. “It basically destroyed my confidence, my mental health ... I have to pay rent, food, also my visa issues that arose. It was a really tough time,” he said of his dismissal by the firm.

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