High Court confirms on appeal that employee on long term sick leave had no entitment to redundancy

In a judgement (Horan v CWS Boco Ireland Limited) delivered by Justice Murphy in the High Court in November 2012, the High Court rejected a claim by the Appellant that the Employment Appeals Tribunal had erred in law in finding that he was not entitled to a redundancy payment under the Redundancy Payments Acts. [...]

By |2019-10-18T10:19:03+00:00January 31st, 2013|Accident at Work, High Court, Labour Relations Commision, Redundancy, Sick Leave|Comments Off on High Court confirms on appeal that employee on long term sick leave had no entitment to redundancy

Bullying and Harassment Part 2 – Recent High Court case awards retired detective garda €85,000

Following on from our blog post yesterday, we will now look at the remaining six areas of complaint in respect of bullying and harassment alleged by the plaintiff in the recent High Court case of Browne v Minister for Justice, Equality and Law Reform and Others, judgement in which was [...]

By |2019-10-18T10:19:03+00:00January 30th, 2013|Bullying and Harassment, Contracts of Employment, Defamation, Grievance, Investigation, Personal Injury|Comments Off on Bullying and Harassment Part 2 – Recent High Court case awards retired detective garda €85,000

Bullying and Harassment – Recent High Court case awards retired detective garda €85,000

Reported in this month's Irish Health and Safety Review is the recent High Court case concerning a retired detective Garda who was awarded €85,000 after claiming that he was bullied, harassed and denied payment of expense claims. Justice Cross delivered his judgement on 4th December 2012 in the case of [...]

By |2019-10-18T10:19:04+00:00January 29th, 2013|Bullying and Harassment, Defamation, High Court, Investigation, Negligence, Victimisation|Comments Off on Bullying and Harassment – Recent High Court case awards retired detective garda €85,000

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 – Part One

The Government recently published the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 ("the Act) as passed by both houses of the Oireachtas. The aim of the Act is to make provision for the protection of children and vulnerable persons and to provide for the establishment and maintenance of [...]

By |2019-10-18T10:19:04+00:00January 28th, 2013|Contracts of Employment, National Vetting Bureau (Children and Vulnerable Persons) Act 2012|Comments Off on National Vetting Bureau (Children and Vulnerable Persons) Act 2012 – Part One

Mortgage Restructuring Arrangement Bill 2013 – Part 1

The Government has today published the Mortgage Restructuring Arrangement Bill 2013 which provides for inter alia the restructuring and disposal of certain mortgage arrears, the retention where practicable of the principal private residence in instances of certain mortgage arrears and the removal of significant negative equity debt in the case [...]

By |2019-10-18T10:19:04+00:00January 24th, 2013|Personal Insolvency, Personal Insolvency Act 2012, Property|Comments Off on Mortgage Restructuring Arrangement Bill 2013 – Part 1

Homophobic working environment leads to award of €24,000 for discrimination and victimisation

In a decision reported in the media today namely An Employee v A Credit Union, an employee was awarded €16,000 in respect of victimisation and €8,000 for discrimination whereby it was alleged he was discriminated against on the grounds of sexual orientation and that he was further victimised in this regard. [...]

By |2019-10-18T10:19:04+00:00January 23rd, 2013|Bullying and Harassment, Constructive Dismissal, Contracts of Employment, Discrimination, Employee Handbook, Equality, Equality Tribunal, Equality Tribunal Decisions December 2012, Workplace Investigations|Comments Off on Homophobic working environment leads to award of €24,000 for discrimination and victimisation

New Pregnancy related Equality Decision – Award of €29,000 for discrimination and victimisation

Included in the recently released equality decisions is the case of Ms Rachel McCarthy v Niscayah Limited DEC-E2012-191 where the Complainant was awarded €24,000 in respect of the discrimination and €5,000 in respect of victimization. Background The Complainant in this case worked for the Respondent as an office administrator from 2005 until [...]

By |2019-10-18T10:19:04+00:00January 22nd, 2013|Contracts of Employment, Discrimination, Employee Handbook, Equality, Equality Tribunal, Equality Tribunal Decisions December 2012|Comments Off on New Pregnancy related Equality Decision – Award of €29,000 for discrimination and victimisation

Equality Decisions published today – €52,000 award for discrimination and victimisation

The Equality Tribunal have published 41 decisions in respect of December 2012 today on their website http://www.equalitytribunal.ie/Press-Releases-1/Press-Releases/What's-New/The-Equality-Tribunal-publishes-41-decisions-for-December-2012.html. We have highlighted one of a series of cases below namely DEC-E2012-175 Murphy v Independent Newspapers Ireland Limited which resulted in an award of €26,000 in compensation for distress caused by discrimination and [...]

By |2019-10-18T10:19:04+00:00January 21st, 2013|Discrimination, Equality, Equality Tribunal Decisions December 2012, Pregnancy at Work, Redundancy|Comments Off on Equality Decisions published today – €52,000 award for discrimination and victimisation

Unfair Dismissal and Reinstatement due to disproportionate sanction

In Weveron Da Silva v Kepak  the Claimant was employed by the Respondent from 2002 to 2010 and was dismissed for abusive objectionable and threatening behaviour towards his manager. A subsequent investigation was undertaken by a Human Resouces supervisor on foot of an email received by him stating that the Claimant [...]

Unfair Dismissal – Failure of employer to attend hearing leads to award of €140,000

The case of Declan Lally v Window and Roofing Concepts Limited UD 183/2011 demonstrates the importance of an employer receiving proper advice on the implications of not attending an Employment Appeals Tribunal hearing. In this case the Tribunal accepted the Claimant's uncontested evidence that he was offered a package to [...]

By |2019-10-18T10:19:05+00:00January 20th, 2013|Employment Appeals Tribunal, Employment Appeals Tribunal decisions 18th January 2013, latest news, Unfair Dismissal|Comments Off on Unfair Dismissal – Failure of employer to attend hearing leads to award of €140,000

Unfair Dismissal and the question of proportionality

The case of Mark Devlin v Ladbroke (Ireland) Limited UD442/2011 reported this week by the Employment Appeals Tribunal again demonstrates the key principle that any dismissal must be proportionate to the alleged misconduct. Background In this case the Respondent bough three shops from company S and the Claimant worked in one of these shops, [...]

By |2019-10-18T10:18:40+00:00January 20th, 2013|Appeal Hearing, Employment Appeals Tribunal decisions 18th January 2013, Unfair Dismissal|Comments Off on Unfair Dismissal and the question of proportionality

Constructive Dismissal and the onerous burden of proof

The recent case of Daniel O'Gorman v Glen Tyre Company Limited UD 2314/10 sent by the Employment Appeals Tribunal on 18th January 2013 demonstrates the high burden of proof a resigning employee must demonstrate in order to prove that they have been constructively dismissed. Interestingly in this case the Tribunal noted that [...]

Workplace Investigations – Top Questions Asked

We have outlined below some of the most frequently asked questions we come across during workplace investigations. Over a series of recent blog posts we have highlighted some of the recent case-law in this complex area and we now turn our attention to the more practical challenges out there. Always remember no two [...]

By |2019-10-18T10:17:02+00:00January 18th, 2013|Bullying and Harassment, Grievance, Investigation, Workplace Investigations|Comments Off on Workplace Investigations – Top Questions Asked

Personal Injuries Board Fees for Respondents Reduced by 30%

On Monday of this week, Minister for Jobs Enterprise and innovation, Richard Bruton announced that the fees charged by the Personal Injuries Assessment Board will be reduced by 30 per cent from €850 to €600. The reduction applies immediately to the fee charged to respondents to personal injury claims, and [...]

By |2019-10-18T10:17:02+00:00January 17th, 2013|Accident at Work, Civil Liability (Amendment) Bill, Personal Injury, Personal Injury Assessment Board|Comments Off on Personal Injuries Board Fees for Respondents Reduced by 30%

Personal injury and Periodic Payment Orders

On Tuesday of this week, the Minister for Justice Equality and Defence, Alan Shatter T.D. announced that the Government had approved proposals to prepare legislation to give courts new powers to make periodic payment orders for the benefit of persons catastrophically injured through the negligence of others. The Minister noted [...]