TUPE – Information and Consultation Obligations

Regulation 8 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 ("the Regulations") implements Article 7 of Council Directive 2001/23 of 12th March 2011 and deals with the key area of informing and consulting with employees where the Regulations apply. In our previous blog post we [...]

By |2019-10-18T10:21:03+00:00September 26th, 2013|Information and Consultation, latest news, Transfer of Undertaking Regulations 2003, TUPE|Comments Off on TUPE – Information and Consultation Obligations

TUPE – What is all about? – Part 1

In our first blog in the series, we thought it would be useful to start with the "basics" in respect of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 ("the Regulations") or "TUPE" as they are more commonly known. The Regulations came into operation on 11th [...]

Frustration of Employment Contract – Failure to Produce Specialist Medical Evidence

The Employment appeals Tribunal recently considered the issue of frustration of contract of employment in the case of The Personal Representative in the Estate of Piotr Kobialka (Deceased) v Shannon Formwork Limited RP2562/2011, UD1985/2011 The claimant had been employed by the respondent construction company from 2000 and was absent on [...]

By |2019-10-18T10:21:03+00:00September 20th, 2013|Employment Appeals Tribunal Decisions August 2013, latest news, Litigation, Redundancy, Sick Leave, Sick Pay and Illness, Unfair Dismissal|Comments Off on Frustration of Employment Contract – Failure to Produce Specialist Medical Evidence

Discrimination and Victimisation – Equality Tribunal Awards €80,000

In the recently published Equality Tribunal decision A Prison Officer v The Prison Service, the complainant was awarded €80,000 for the effects of discrimination and victimisation under the Employment Equality Acts 1998 (as amended).The complainant alleged that he was discriminated against when the respondent failed to place him on a [...]

By |2019-10-18T10:20:32+00:00September 17th, 2013|Age Discrimination, Disability Discrimination, Discrimination, Equality, Equality Authority, Equality Tribunal, Equality Tribunal Decisions August 2013, latest news, Victimisation|Comments Off on Discrimination and Victimisation – Equality Tribunal Awards €80,000

Judicial Review, Board of Management of School and Disciplinary Action

The case of Kelly -v- Board of Management of St Joseph's National School, Valleymount, Co Wicklow [2013] IEHC 392 concerned an application for judicial review and dealt with a series of issues including disciplinary processes and appeals procedures. Background The applicant in this case was the principal of St. Joseph's [...]

By |2019-10-18T10:20:32+00:00September 16th, 2013|Appeal, Appeal Hearing, Board of Management, Disciplinary Hearing, Disciplinary Meetings, Judicial Review, latest news, Litigation, Schools|Comments Off on Judicial Review, Board of Management of School and Disciplinary Action

Constructive Dismissal Claim and Impulsive Actions

In the recent case of June McGarr v Margaret & Michael Moriarty t/a Moriarty's Centra UD 1363/2011, MN 1463/2011, WT 1547/2011. the Employment Appeals Tribunal was asked to consider whether an employee who had resigned from her employment had been unfairly dismissed. Background The claimant commenced employment with the respondent [...]

By |2019-10-18T10:20:32+00:00September 12th, 2013|Constructive Dismissal, Contracts of Employment, Employee Handbook, Employment Appeals Tribunal Decisions August 2013, latest news, Litigation, Unfair Dismissal|Comments Off on Constructive Dismissal Claim and Impulsive Actions

Fixed Term Contracts, Funding and Unfair Dismissal

In last month's reported employment appeals tribunal cases, the tribunal was asked to consider in Patrick Fournet v NUI Galway UD 1262/2011 MN 1367/2011 whether the claimant had been unfairly dismissed from his post when funding ceased for his role. Background The claimant commenced employment with the respondent in 2004 [...]

Fair Dismissal for Breach of Trust and Confidence

Many of the decisions reported by the Employment Appeals Tribunal result in findings of unfair dismissal and we thought for a change we would post a decision which found in favour of the employer. In the case of Willie Callaghan v Enable Ireland Disability Services Limited UD 355/2012 the claimant [...]

Unfair Dismissal – €50,000 award for unambiguous language

In the recently published case of David Fagan v Teefey Transport Limited and P&G Freight Forwarding Limited Case UD220/2011 the Employment Appeals Tribunal was asked to consider whether the claimant had been unfairly dismissed and which respondent was his employer. The claimant in this case had thirty year's experience as [...]