Unfair Dismissal and Reinstatement for Nurse in recent Workplace Relations Commission Case

This recent case of A Nurse v A Hospital  concerned the dismissal of a nurse who was employed in a specialist long term unit. It was alleged that an elderly vulnerable resident was left unsupervised in an unsuitable chair and restrained there and that this was a breach of the [...]

Failure to Pay Wages Lead to Unfair Dismissal

The recent case of An Employee v An Academic Instititution ADJ-00021244 highlights the dangers for an employer of presuming that an employee has resigned or intends to resign. In this case the employer stopped paying the employee thus leading to the end of the contract of employment. The Adjudicator at [...]

Payment of Wages Act 1991 – Unlawful Deductions?

The case of a Complainant v a Respondent looked at a number of issues around deductions made from final salary and whether these were lawful. The complainant (employee)  argued that when he finished employment with his employer, over €3,000 was deducted from him unlawfully. He stated that €2350 related to [...]

By |2020-04-15T09:57:51+00:00April 15th, 2020|Blog, latest news, Payment of Wages Act 1991, Workplace Relations Commission, Workplace Relations Commission Decisions March 2020|Comments Off on Payment of Wages Act 1991 – Unlawful Deductions?

Discriminatory Dismissal – Award of 6 Months Salary for Pregnancy Dismissal

In the case of A Community Development Officer v A Family Resource Centre the Complainant (employee) alleged that she as dismissed on the grounds of gender due to pregnancy. The Complainant commenced employed as a part-time Community Development / Family Support worker on 1st November 2016. At the commencement of [...]

By |2020-04-14T10:27:58+00:00April 14th, 2020|Blog, Disciplinary Hearing, Disciplinary Meetings, Discrimination, latest news, Maternity, Maternity Rights, Pregnancy at Work, Sick Leave, Workplace Relations Commission, Workplace Relations Commission Decisions March 2020|Comments Off on Discriminatory Dismissal – Award of 6 Months Salary for Pregnancy Dismissal

Protected Disclosures or “Whistleblowing” and Penalisation

In the recent cases published by the Workplace Relations Commission, the employee or Complainant in this case was awarded €2,500 for penalisation following the making of a "protected disclosure" under the Protected Disclosures Act 2014. The Act aims to protect people who raise concerns about possible wrongdoing in the workplace [...]

By |2019-10-18T10:22:56+00:00September 25th, 2019|Blog, latest news, Protected Disclosures Act 2014, Workplace Relations Commission|Comments Off on Protected Disclosures or “Whistleblowing” and Penalisation

Protection of Employment (Measures to Counter False Self-Employment) Bill 2018

The Government has recently published the Protection of Employment (Measures to Counter False Self-Employment) Bill 2018. The purpose of the Bill according to the draft is to declare the relationship between employer and employee to be a status relationship, to declare the question whether an individual is an employee or [...]

By |2019-10-18T10:23:48+00:00February 20th, 2018|Blog, Employee, Employee v Self Employed, latest news, Litigation, Protection of Employment (Measures to Counter False Self-Employment) Bill 2018, Self Employed|Comments Off on Protection of Employment (Measures to Counter False Self-Employment) Bill 2018

Workplace Relations Commission – Useful Guide Published on Adjudication Hearings

The Workplace Relations Commission (WRC) has recently published a general guide on the structure and procedure of a WRC adjudication hearing which readers may find beneficial. The link to the guide can be found here.  

By |2019-10-18T10:24:33+00:00August 30th, 2017|Blog, latest news, Litigation, Workplace Relations Act 2015, Workplace Relations Commission|Comments Off on Workplace Relations Commission – Useful Guide Published on Adjudication Hearings

Judicial Review Refused in Respect of Disciplinary Action and Original Findings of Board of School of Management

In the recent case of Dillon v Board of Management of Catholic University School [2016 IEHC 674] Justice Twomey was asked to consider a challenge by way of Judicial Review to a finding by the Board of Management of the Respondent of 24th February 2015 whereby it was found that [...]

By |2019-10-18T10:24:54+00:00January 12th, 2017|Alternative Dispute Resolution, Appeal, Blog, Board of Management, Disciplinary Hearing, Disciplinary Meetings, Grievance, High Court, Judicial Review, Schools|Comments Off on Judicial Review Refused in Respect of Disciplinary Action and Original Findings of Board of School of Management

Au Pair Placement Bill 2016 Published

The Au Pair Placement Bill 2016 ("the Bill") was published on Monday this week with the aim of better protecting the rights of young people on cultural and education exchange programmes. The Bill proposes "Au Pair Placements" to ensure no more than 30 hours light domestic help per week in [...]

By |2019-10-18T10:24:57+00:00July 6th, 2016|Au Pair, Blog, Contracts of Employment, Domestic Workers, latest news, Litigation|Comments Off on Au Pair Placement Bill 2016 Published

Workplace Relations Commission – New Guide to Employment and Equality Law

For those who are interested, the Workplace Relations Commission have published a new guide on their website on Employment and Equality Law, a copy of which is available to download here.

By |2019-10-18T10:24:57+00:00June 16th, 2016|Blog, Contracts of Employment, Equality, Equality Authority, Equality Tribunal, latest news, Unfair Dismissal, Workplace Relations Commission|Comments Off on Workplace Relations Commission – New Guide to Employment and Equality Law

Personal Injury High Court – Analysis of General and Special Damages

The recent case of Walsh v Tesco Ireland Limited 2016 IEHC 322 resulted in an award of 1.4m for the plaintiff and is interesting insofar as the court looked in particular in detail at the area of general and special damages.The judgement was delivered by Mr Justice Barr on 6th [...]

By |2019-10-18T10:24:58+00:00May 30th, 2016|Accident at Work, Blog, Damages, Health and Safety Authority, Health and Safety Law, High Court, latest news, Litigation, Personal Injury, Personal Injury Assessment Board, private investigator|Comments Off on Personal Injury High Court – Analysis of General and Special Damages

Data Protection – Is an Exam Script Personal Data?

The recent case of Peter Nowak v The Data Protection Commissioner [2016 IESC 18] asks the interesting question of whether an exam script is personal data for the purposes of the Data Protection Act 1988 (as amended). This question has now been passed to the European Court of Justice for determination. [...]

By |2019-10-18T10:25:27+00:00May 9th, 2016|Appeal, Blog, Circuit Court, data protection, European Court of Justice, latest news, Litigation, Privacy, Supreme Court|Comments Off on Data Protection – Is an Exam Script Personal Data?

Audio Post Format

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By |2019-10-18T10:25:27+00:00January 18th, 2016|Audio, Blog, News Article|Comments Off on Audio Post Format

Aside Post Format

Law and order exist for the purpose of establishing justice and when they fail in this purpose they become the dangerously structured dams that block the flow of social progress. Martin Luther King, Jr.

By |2019-10-18T10:25:27+00:00January 18th, 2016|Aside, Blog, News Article|Comments Off on Aside Post Format