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Romanian workers on Intel site let go days after work stoppage in ‘calamitous’ racism row
Eleven Romanian workers were let go by an engineering firm contracting at the Intel plant in Co Kildare days after they were subjected to racist behaviour, a tribunal has heard.
Trade union Unite has accused engineering contractor Rigotec International Ltd of the unlawful dismissal of the men in a “sham redundancy” in February 2024.
Six of the workers are pursuing complaints under the Unfair Dismissals Act 1977 against the firm, which was involved in the installation of microchip production machinery during the €17 billion construction of Intel’s Fab 34 facility in Leixlip.
Rigotec maintains the redundancies were genuine and the result of a downturn in work.
At the Workplace Relations Commission (WRC), counsel for the employer Cillian McGovern BL, appearing instructed by Crushell and Co Solicitors, said it was “not in dispute” by Rigotec that two men employed by the company “engaged in racist behaviour towards the complainants” at a meeting on Friday 27 January 2024.
Giving evidence on Tuesday, site manager Alan Jennings said one worker had made a “racist remark” at the meeting and received a written warning after admitting to it.
Mr McGovern said the second perpetrator “took a large bolt and threw it on the table”, which “ricocheted off the table” and struck a worker in the shoulder.
Mr Jennings the worker who threw the bolt was “dismissed immediately” for “aggressive behaviour” and the man who made the offending remarks received a written warning and was asked to apologise.
The man spoke at a meeting on January 29th, 2024, but Mr Jennings said: “Certain individuals weren’t impressed with what was perceived as a halfhearted apology,” and the perpetrator was “asked to apologise again”.
Mr Jennings said the site’s foreman, Wayne Drummond, reported to him that after this, some workers “had downed tools to discuss what went on and they were requested to return to work”.
His evidence was that between 10 and 16 people were made redundant four days later on February 2nd, 2024, including the “individual we previously spoke about that made the racist remark”.
Andrew Turner of Hamilton Turner Solicitors, appearing for the workers on behalf of Unite, submitted that the 11 Romanian staff were all let go on the same day.
Mr Jennings’ evidence was that the company was facing a “downturn” and had “literally no other option” except to start shedding staff.
Mr Jennings said the Intel site was Rigotec’s only work in Ireland. It had 120 on staff at the time of the incident in January 2024, but had halved its headcount within 12 months and is now down to just 30, he said.
Cross-examining Mr Jennings, Mr Turner asked: “Everyone involved was terminated a week later. Is it your evidence that had no impact on the [redundancy] decision whatsoever?”
“None whatsoever,” Mr Jennings said.
“Just a coincidence, is that right?”
“Yes,” the witness said.
Three workers, Stefan Puscasu, Catalin Apalagheiei and Valeriu Bucsan, gave evidence on their losses to the WRC on Tuesday.
Mr McGovern said the company was “forced into effectively a lay-off or redundancy glide path” as it was beholden to its client and had “terminated employees in line with their contracts as best they could”.
“The respondent did the best they could in the circumstance,” he said.
However, Mr Turner said there was “not a shred of evidence” backing up the company’s position that the redundancy was caused by a downturn in work, while the redundancy selection matrix document was “questionable”.
“They say it had nothing to do with the calamitous row that occurred a week before. I urge you to reject the company’s arguments and accept the applicants’ explanation.
“The 16 involved were all terminated summarily, escorted off the premises, and no warning of any description was given – and they were all union members … in our submission, we say it is a sham redundancy and we maintain that position,” he added.
Adjudicator Monica Brennan, who will return her decision at a later date, was told five allied claimants have not been in contact with the union’s solicitors and that their complaints could be decided on the basis of their non-appearance.
The employer’s legal team agreed to further hearings by video-link to hear evidence on losses if Ms Brennan found in favour of the three men who testified.
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