Employee v Self Employed – Issues of Control, Tax, PRSI and Mutuality of Obligation

We are often asked to advise on whether a person is an employee (engaged under a "contract of services") or self employed (engaged under a "contract for services"). The designation is important for a number of reasons including the entitlement of a person to claim employment rights and tax issues [...]

By |2019-10-18T10:20:33+00:00July 31st, 2013|Contracts of Employment, Employee v Self Employed, Employment Appeals Tribunal Decisions July 2013, latest news, Litigation, Unfair Dismissal|Comments Off on Employee v Self Employed – Issues of Control, Tax, PRSI and Mutuality of Obligation

Redundancy – Employee Should Be Afforded Right to Appeal Decision

The recent case of Henry Gwynn-Jones against the recommendation of the Rights commissioner in the case of John Dawson UD 1480/2011 concerned an appeal by the employer against the recommendation of a Rights Commissioner decision ref: r-096375-ud-10/JOC. In this case the employee gave evidence that he was informed by letter [...]

By |2019-10-18T10:20:33+00:00July 31st, 2013|Appeal, Employment Appeals Tribunal Decisions July 2013, latest news, Litigation, Redundancy, Unfair Dismissal|Comments Off on Redundancy – Employee Should Be Afforded Right to Appeal Decision

Dismissal under “Cloak of Redundancy” Leads to Award of €30,000

In the case of Jim Dowdall v Oxigen Environmental UD207/2011 the Employment Appeals Tribunal was asked to consider whether the Claimant was unfairly dismissed on the grounds of unfair selection for redundancy. Background The Claimant commenced employment with the Respondent in July 2000 and at the date of termination was [...]

By |2019-10-18T10:20:34+00:00July 29th, 2013|Appeal, Employment Appeals Tribunal Decisions July 2013, latest news, Litigation, Redundancy, Unfair Dismissal|Comments Off on Dismissal under “Cloak of Redundancy” Leads to Award of €30,000

Constructive Dismissal – Award of €123,000 for failure to attend

A timely reminder for employers this week who fail to attend Employment Appeals Tribunal hearings. In the case of Michael Melleney v Optical Express (Southern) Limited UD 65/2013, MN1802/2011, WT 695/2011, the respondent failed to attend the hearing despite being properly notified of same. The Tribunal then proceeded to hear [...]

By |2019-10-18T10:20:34+00:00July 29th, 2013|Constructive Dismissal, Employment Appeals Tribunal Decisions July 2013, latest news, Litigation|Comments Off on Constructive Dismissal – Award of €123,000 for failure to attend

High Court upholds Equality Tribunal decision that Garda Reserve not employee

The High Court was recently asked to consider an appeal and cross appeal brought pursuant to Section 79(5) of the Employment Equality Act 1998 (as amended) ("the Equality Acts") in the case of Ravinder Singh Oberoi v The Commissioner of An Garda Siochana [2013] IEHC 267. Background Section 79(5) of [...]

By |2019-10-18T10:20:34+00:00July 22nd, 2013|Discrimination, Employee v Self Employed, Equality, Equality Tribunal, High Court, latest news, Litigation|Comments Off on High Court upholds Equality Tribunal decision that Garda Reserve not employee

Gender Recognition Bill 2013 – Approval of General Scheme

The Minister for Social Protection announced yesterday the approval by the Cabinet of a General Scheme of the Gender Recognition Bill 2013. Once the Bill is published, it will afford transgender people of 18 years and over recognition by the State which will include the right to marry, to have [...]

By |2019-10-18T10:20:34+00:00July 18th, 2013|latest news|Comments Off on Gender Recognition Bill 2013 – Approval of General Scheme

Compromise Agreements, Pension Entitlements and the Contra Proferentem Rule

In the recent decision of Kingston v ACC Bank [2013] IEHC 173 (High Court) O'Malley J, the High Court was asked to consider the issue of specific performance of pension entitlements in a severance agreement entered into between the parties on 2009 as a result of the plaintiff's position being [...]

By |2019-10-18T10:20:34+00:00July 16th, 2013|Contracts of Employment, High Court, latest news, Litigation|Comments Off on Compromise Agreements, Pension Entitlements and the Contra Proferentem Rule

Parental Leave Bill 2013 – Proposed Sharing of Maternity Leave

The Government recently published the Parental leave Bill on 10th July 2013. The Bill will amend Part II of the Maternity Protection Act 1994 and the Maternity Protection (Amendment) Act 2004 in order to provide for both maternity and paternity leave for parents of a newborn child. The following changes [...]

By |2019-10-18T10:20:09+00:00July 15th, 2013|latest news, Maternity, Maternity Rights, Parental Leave Bill 2013, Paternity Leave|Comments Off on Parental Leave Bill 2013 – Proposed Sharing of Maternity Leave

Unfair Dismissal – Award of €50,000 Due To Unfair Selection for Redundancy

The recent Employment Appeals Tribunal decision of Gillian Free v Oxigen Environmental UD 206/2011 concerned a claim for unfair dismissal on the grounds the claimant was unfairly selected for redundancy and fair procedure was not followed. The claimant commenced in the role of Environmental Compliance Officer and was promoted several [...]

By |2019-10-18T10:20:09+00:00July 2nd, 2013|Contracts of Employment, Employment Appeals Tribunal Decisions June 2013, latest news, Litigation, Redundancy, Unfair Dismissal|Comments Off on Unfair Dismissal – Award of €50,000 Due To Unfair Selection for Redundancy