Unfair Dismissal Caselaw Digest

In a round-up of last weeks Employment Appeals Tribunal decisions, a brief digest is outlined below. Although there were no specific awards to highlight, nonetheless employers should pay close attention to the consistent findings of unfair dismissal being made concerning failure to have proper procedures in place or indeed following them when [...]

By |2019-10-18T10:17:04+00:00November 27th, 2012|Employment Appeals Tribunal decisions 22nd November 2012, Unfair Dismissal|Comments Off on Unfair Dismissal Caselaw Digest

Constructive Dismissal – Useful Tribunal decision summarising the law

Although there was no finding that the Claimant was constructively dismissed, it is nonetheless useful to look at the recent Employment Appeals Tribunal case of Olivia Barry v Quinn Insurance Limited UD 1775/2010 for a synopsis of the law surrounding constructive dismissal. Background The Claimant in this case commenced employment [...]

By |2019-10-18T10:17:04+00:00November 25th, 2012|Constructive Dismissal, Employment Appeals Tribunal decisions 22nd November 2012, Uncategorized, Unfair Dismissal|Comments Off on Constructive Dismissal – Useful Tribunal decision summarising the law

Unisex Insurance and proposed gender equality from 21st December 2012 – what does it all mean?

From December 21st 2012,  it will no longer be permitted to offer differing premiums and/or benefits to policy holders based on gender. The proposed changes arose as a result of a decision of the European Court of Justice of the European Union in the Test-Achats case (Case C-236/09 Association Belge des Consommateurs Test-Achats ASBL, 1 March 2011) [...]

By |2019-10-18T10:17:04+00:00November 22nd, 2012|Equality, Equality Authority, Insurance, Uncategorized|Comments Off on Unisex Insurance and proposed gender equality from 21st December 2012 – what does it all mean?

Social Media and Discoverability – a thorny issue

In a recent talk I gave on Social Media and the law, the issue of discoverability of social media evidence was a hot topic and I recently came across another interesting case EEOC v Original Honeybaked Ham Company of Georgia Inc., No.11-02560-MSK_MEH (D.Col. Nov.7, 2012) reported on the excellent Delaware Employment Law Blog. This case [...]

By |2019-10-18T10:17:04+00:00November 20th, 2012|passwords, social media, Uncategorized|Comments Off on Social Media and Discoverability – a thorny issue

Redundancy and unfair selection – claim for unfair dismissal fails

The case of Oliver Flanagan v Castlethorn Construction UD 145/2010 concerned a claim for unfair dismissal on the basis that the Claimant was unfairly selected for redundancy and that his role was not redundant at all as the work was being done by other employees. Although the case merely re-iterates ongoing principles [...]

Disciplinary Procedures costs employer €23,000 – inclusion in contract is “unreasonable if not illegal”

Amongst the decisions issues by the Employment Appeals Tribunal this week concerned the case of Jane Mangan v Clontarf Creche Limited UD 955/2011. Background The Respondent in this case had been operating a crèche and Montessori school for over twenty years and employed the Claimant as a child care assistant in May 2004. [...]

By |2019-10-18T10:16:39+00:00November 17th, 2012|Employment Appeals Tribunal Decisions 15th November 2012, latest news, Uncategorized|Comments Off on Disciplinary Procedures costs employer €23,000 – inclusion in contract is “unreasonable if not illegal”