Unfair Dismissal and Flawed Procedures – Mistake Did Not Justify Dismissal

The recent case of Salma Ayouby v Marks & Spencers Ireland Limited UD 731/2012 illustrates the importance of proper and fair procedure when terminating employment. Here an employee was dismissed for gross misconduct who had overpaid a customer in a transaction involving a gift card and credit voucher. It is [...]

By |2019-10-18T10:21:02+00:00October 30th, 2013|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employee Handbook, Employment Appeals Tribunal Decisions October 2013, Grievance, Investigation, latest news, Litigation, Unfair Dismissal, Workplace Investigations|Comments Off on Unfair Dismissal and Flawed Procedures – Mistake Did Not Justify Dismissal

Interesting Employment Appeals Tribunal Case On Duplication of Proceedings

The recent Employment Appeals Tribunal case of Beverley Morgan v Irish Horse Welfare Trust Limited UD53/2012. WT 13/2012, MN 24/2014 is a useful synopsis of the law in respect of both parallel proceedings before the Employment Appeals Tribunal and the High Court and the powers of the Tribunal in this [...]

Investigation, Fair Procedure, Defamation and the “Ultra Vires” Rule

The recent case of Byrne v Irish Sports Council [2013] IEHC 438 concerned the issue of whether the Sports Council had acted ultra vires in respect of the appointment of a third party to investigate allegations against a Council member. Background The applicant was well known in sports including recently [...]

By |2019-10-18T10:21:03+00:00October 24th, 2013|Appeal, Appeal Hearing, data protection, Defamation, High Court, latest news, Litigation, Workplace Investigations|Comments Off on Investigation, Fair Procedure, Defamation and the “Ultra Vires” Rule

Fixed Term Workers, Discrimination, Objective Grounds and Appeal to High Court

The recent High Court case of An Post v Finbarr and Deirdre Wade [2013] IEHC 404 concerned an appeal from a Labour Court decision determining that the respondent's right to equal treatment had been contravened by the exclusion of fixed term workers from a voluntary early retirement scheme. Background The [...]

By |2019-10-18T10:21:03+00:00October 23rd, 2013|Appeal, Fixed Term Workers, High Court, Labour Court, Labour Relations Commision, latest news, Litigation, Redundancy|Comments Off on Fixed Term Workers, Discrimination, Objective Grounds and Appeal to High Court

Freedom of Expression – Website Legally Responsible for Defamatory Postings

The judgement in Delfi AS v Estonia (64569/09) was delivered by the European Court of Human Rights ("ECHR") on 10th October 2013.The case was recently highlighted in the Irish Times on Saturday 12th October and we thought we would take a closer at the case in today's blog. Background Delfi [...]

By |2019-10-18T10:21:03+00:00October 21st, 2013|Defamation, latest news, Litigation|Comments Off on Freedom of Expression – Website Legally Responsible for Defamatory Postings

Unfair Dismissal, Sick Leave and Failure to Avail of Counselling Services

The recent case of Patrick Kinsella v Irish Prison Service UD 1120/2011 MN 1212/2011 concerned a claim for unfair dismissal where the claimant had been dismissed due to his attendance record and his ability to provide a reliable service going forward. Background and Preliminary Issue The claimant commenced employment on [...]

By |2019-10-18T10:21:03+00:00October 9th, 2013|Contracts of Employment, Employment Appeals Tribunal Decisions August 2013, latest news, Sick Leave, Sick Pay and Illness, Unfair Dismissal|Comments Off on Unfair Dismissal, Sick Leave and Failure to Avail of Counselling Services