“Sham” redundancy of CEO leads to award of €30,000

The issue of a "sham" redundancy led to the award of €30,000 in the recent case of Marian Lovett v The Temple Bar Gallery and Studios Limited UD 284/2011. In the determination sent last week, it was reported that due to a reduction in public funding which the Respondent relied [...]

By |2019-10-18T10:16:40+00:00October 22nd, 2012|EAT Decisions 19th October 2012, Redundancy, Unfair Dismissal|Comments Off on “Sham” redundancy of CEO leads to award of €30,000

Unfair Dismissal & Tesco – Tribunal overturn Rights Commisioner decision and orders re-engagement with demotion

The case of James White against the recommendation of the Rights commissioner in the case of Tesco Ireland Limited was published by the Employment Appeals Tribunal last week. Background The Respondent gave evidence that the Appellant was dismissed for a breach of the honesty policy in taking four cans of red [...]

By |2019-10-18T10:16:40+00:00October 17th, 2012|Employment Appeals Tribunal Decisions 11th October 2012, Labour Relations Commision, Unfair Dismissal|Comments Off on Unfair Dismissal & Tesco – Tribunal overturn Rights Commisioner decision and orders re-engagement with demotion

Fixed Term Work & Penalisation – Labour Court varies Rights Commisioner decision and awards reinstatement

The recent case of The Teaching Council v Kirwan FTC/12/15 concerned an appeal by an employer and a subsequent cross appeal by the employee against a Rights Commissioners decision that the employer had breached Section 13 of the Protection of Employees (Fixed Term Work) Act 2003 ("the 2003 Act") by dismissing the [...]

By |2019-10-18T10:16:40+00:00October 16th, 2012|Fixed Term Workers, Labour Court, Penalisation, Uncategorized|Comments Off on Fixed Term Work & Penalisation – Labour Court varies Rights Commisioner decision and awards reinstatement

Gross Misconduct? – “Mixed Signals” costs employer €10,000

The case of Andrew Dohohoe v PH Ross Limited UD 2164/2010 reported last Thursday, highlight the dangers of "mixed messages" being sent to an employee when possible dismissal is imminent. Background The Claimant was branch manager of the Respondent whose business included selling heating and plumbing goods to trade. The Claimant had [...]

By |2019-10-18T10:16:40+00:00October 14th, 2012|Employment Appeals Tribunal Decisions 11th October 2012, Unfair Dismissal|Comments Off on Gross Misconduct? – “Mixed Signals” costs employer €10,000

Ownership of Linkedin accounts – update on Eagle v Morgan case

I recently gave a talk on Social Media and the Law and reported on the case Eagle v. Morgan, No. 11-4303 (E.D. Pa. Oct. 4, 2012) which concerned the the hot topic of "social media ownership" and who owns a Linkedin account? I now understand that a decision was issued last week [...]

By |2019-10-18T10:16:40+00:00October 12th, 2012|social media|Comments Off on Ownership of Linkedin accounts – update on Eagle v Morgan case

Redundancy – Tribunal looks at the “reasonable employer” test

In the case of Emma Thompson Sauvage v Gerard Kennedy UD 242/2010 published yesterday, the Employment Appeals Tribunal looked at redundancy and considered what a reasonable employer would have done in the circumstances. Background In this case the Respondent was in the business of making repairs to crash vehicles. The Claimant [...]

By |2019-10-18T10:16:40+00:00October 12th, 2012|Employment Appeals Tribunal Decisions 11th October 2012, Redundancy, Uncategorized, Unfair Dismissal|Comments Off on Redundancy – Tribunal looks at the “reasonable employer” test

TUPE, Unfair Dismissal and “LIFO”

The case of Lorraine Hynes v Carlow County Development Partnership Limited UD 714/10 MN 673/2010 primarily concerned a claim for unfair dismissal (on foot of redundancy) but raises questions in relation to the European Communities (Protection of Employes on Transfer of Undertaking Regulations) 2003 and what transfers when the Regulations apply. Background [...]

By |2019-10-18T10:16:40+00:00October 10th, 2012|Employment Appeal Tribunal Decisions 4th October 2012, Redundancy, TUPE, Unfair Dismissal|Comments Off on TUPE, Unfair Dismissal and “LIFO”