Borris bookies ordered to pay former employee €1,820

A FORMER betting assistant at Alphabet Betting in Borris was awarded compensation after the Workplace Relations Commission (WRC) ruled that her employers had breached several of her employment rights.

Katie Mernagh worked as a retail betting assistant at Alphabet Bookmakers from May 2023 to March 2025. Ms Mernagh brought a case against Alphabet Bookmakers for unfair dismissal, failure to provide rest breaks, failure to provide a written contract of employment, statutory sick pay underpayment, failure to properly compensate for working on a Sunday and on bank holidays and delayed payment of her final wages.

The respondent, Laura Celine Patton, denied all complaints in full.

The case was heard at the WRC offices in Carlow before adjudication officer Seamus Clinton on 16 February.

Under oath, Ms Mernagh testified that she often worked alone in the betting shop, which made taking breaks impossible. She never received a written contract, despite asking for one, so could not check her Sunday premium. Ms Mernagh said that she usually worked one Sunday a month.

Ms Mernagh also said that she did not receive payment or a day in lieu of a public holiday at Christmas, although she queried this with Ms Patton. Ms Mernagh also expressed her belief that her hours had been reduced after she went on sick leave and that she had not been paid enough while on sick leave.

Additionally, Ms Mernagh claimed that when she left the job, there was a delay with the payment of her final wages and she also needed a letter for the Department of Social Protection, which was also delayed, which meant that her entitlements were not sorted for seven weeks.

Under cross-examination by Ms Patton’s representative, Hugh Hegarty from Peninsula Business Services Ireland, Ms Mernagh denied ever receiving a contract. Ms Mernagh did admit to going outside for cigarette breaks while on shift but said that she would return to her workstation immediately when a customer arrived.

Mr Albert Deere, for the complainant, said in her closing submission that Ms Mernagh’s hours were reduced after sick leave and that the text messages brought to the hearing clearly signalled that the complainant should leave and take up alternative employment, which proved constructive dismissal.

Under oath, Ms Patton said that she had left a contract for Ms Mernagh to sign in an envelope in the shop. She also said that breaks were possible when the shop was quiet and that sick pay had been calculated according to the statutory formula. According to Ms Patton, any reduction in hours after Ms Mernagh returned from sick leave was temporary and due to rostering issues.

Ms Patton also stated that Ms Mernagh never used the grievance procedure before leaving the company.

Under cross-examination, Ms Patton said that she should have followed up on the contract and made sure that it was signed.

The adjudicator ruled that Ms Mernagh was not dismissed unfairly, as she had not exhausted the grievance procedure before resigning and her employer had invited her to submit a formal grievance after resignation. This conduct did reach the legal threshold for constructive dismissal.

Mr Clinton also found in the employer’s favour over the statutory sick pay complaint, as Ms Mernagh failed to provide evidence of her average working hours before sick leave, so the adjudicator could not confirm an underpayment.

The adjudicator also ruled that a short delay in the payment of Ms Mernagh’s final wages is not considered a breach.

Mr Clinton upheld Ms Mernagh’s complaints related to Sunday work compensation, written terms of employment, public holiday entitlement and rest breaks.

The total compensation due to Ms Mernagh was €1,820.