In the recent case of Sandra Cleary, Ellen Bradley, Joyce Donovan, Angela Carmody, Joan Thompson, Anita Malone, Yvonne Masters, Maureen Andres, Brian McCarthy and James Dowdall v B&Q Ireland Limited the appellants were a number of employees of different branches of the Defendant who sought to challenge an Employment Appeals Tribunal ("EAT") [...]
In the recent UK case of Romero Insurance Brokers v Templeton [2013] EWHC 1198 (QB) the UK High Court was asked to consider a number of questions including the enforceability of a 12 month restrictive covenant. A copy to the decision is found here. Background The defendant in this case, [...]
The recently published Employment Appeals Tribunal decisions for October again contain a number of cases in respect of constructive dismissal and the tests to be applied. In Brian Butler v Ryanair Limited UD1222/2011 the Tribunal was asked to consider whether the claimant had satisfied the test for constructive dismissal in [...]
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 [...]
The recently published case of Fergal Reilly v United Parcels Service CSTC Ireland Limited Dec-E2013-077 concerned a claim of discrimination on the ground of disability contrary to Section 6(2)(g) of the Employment Equality Acts 1998 (as amended) in terms of access to employment, failure to provide reasonable accommodation and discriminatory [...]
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 [...]
In a recent decision of the Employment Appeals Tribunal this week, the Tribunal were asked to consider whether the claimant was constructively dismissed in light of a unilateral alteration of her contractual terms (working week cut from five days to three days per week). The claimant commenced work at the [...]
In a recently published decision of the Employment Appeals Tribunal (An Employee v An Employer) UD842/2011, the Claimant successfully claimed constructive dismissal and was awarded €23,826. Background The Claimant was employed by the Respondent to carry out administration work and help outside on the farm. The Claimant stated that her main duties of employment were [...]
The recent English decision of Mr Adrian Smith v Trafford Housing Trust [2012 EWHC 3221 (Ch) delivered by Justice Briggs in November 2012 sheds further light on the explosion of social media and how it impacts on the workplace. This case is one to watch as it concerns a breach of contract action, which [...]
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. [...]
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 [...]
Although there was no finding that the Claimant was constructively dismissed, it is nonetheless useful to look at the recent Employment Appeals Tribunal case of Olivia Barry v Quinn Insurance Limited UD 1775/2010 for a synopsis of the law surrounding constructive dismissal. Background The Claimant in this case commenced employment [...]
The case of Darren Keating v Drycon Limited UD 2007/2010 in last Thursday's roundup of Employment Appeals Tribunal cases was a successful claim by the Claimant for constructive dismissal, which as we know is a very difficult test to satisfy. Background The Claimant commenced employment as an experienced sales representative in [...]
The case of O'Dwyer v A Respondent UD1232/2010 revisits the extremely difficult issue of workplace bullying together with constructive dismissal. It is an interesting decision in a number of areas and perhaps one could question whether the Respondent did deal with the attempts reportedly made by the Claimant to resolve her situation [...]
In the case of Michael Murray v Rockabill Shellfish Limited UD 1832/2010, the Employment Appeals Tribunal restated the test for constructive dismissal and found in the Claimant's favour. In this case the Claimant commenced employment on 16th August 1993 and was initially a skipper on board the Respondent's boat and later became [...]