Unfair Dismissal – Award of €56,000 for Failure to Consider Alternatives to Redundancy

In the April case of a A Former Sales Manager v A Horse Products Sales Company an employee who was given insufficient time to consider an alternative role was awarded €56,000 for unfair dismissal. Whilst the employee received a letter in respect of her redundancy, it was explained that the [...]

By |2020-06-01T08:23:21+00:00June 1st, 2020|Consultation, Contracts of Employment, latest news, Redundancy, Unfair Dismissal, Workplace Relations Act 2015, Workplace Relations Commission Decisions April 2020|Comments Off on Unfair Dismissal – Award of €56,000 for Failure to Consider Alternatives to Redundancy

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 [...]

By |2020-05-20T17:49:49+00:00May 20th, 2020|Blog, Contracts of Employment, Unfair Dismissal, Workplace Relations Commission Decisions April 2020|Comments Off on Failure to Pay Wages Lead to Unfair Dismissal

Overtime and Payment of Wages

Many employees believe that if they have outstanding expenses that haven't been paid that they can bring a claim to the Workplace Relations Commission under the Payment of Wages Act 1991 (as amended). This is incorrect. The Payment of Wages Act 1991 specifcally states that expenses are not included in [...]

By |2019-10-18T10:23:23+00:00September 23rd, 2019|Contracts of Employment, Employee, Grievance, Investigation, latest news, Unfair Dismissal|Comments Off on Overtime and Payment of Wages

Working Time – Is An Employee On Call Working?

A recent case this month from the Workplace Relations Commission dealt with this issue. In this case a firefighter argued he was on call 24 hours a day, 7 days a week and that this should be considered "working time" for the purposes of the Organisation of Working Time Act [...]

By |2019-10-18T10:23:23+00:00September 23rd, 2019|Contracts of Employment, latest news, Organisation of Working Time Act 1997, Workplace Relations Act 2015, Workplace Relations Commission|Comments Off on Working Time – Is An Employee On Call Working?

Mutual Trust and Confidence Employee contributed to own dismissal by his unreasonable and indefensible behaviour

In this case (Structured Finance Management (Ireland) Limited and Vadym Kakinin) (ADJ0000-155-A) the employee appealed a previous finding of the WRC that he had not been unfairly dismissed to the Labour Court who overturned the decision of the Adjudicator but found that the complainant contributed 70% to his own dismissal. The [...]

By |2019-10-18T10:24:31+00:00January 18th, 2018|Breach of Trust and Confidence, Contracts of Employment, Investigation, Labour Court, latest news, Litigation, Unfair Dismissal, Workplace Relations Commission|Comments Off on Mutual Trust and Confidence Employee contributed to own dismissal by his unreasonable and indefensible behaviour

High Court Considers Whether Translator/Interpreter is Employee for Unfair Dismissal Purposes

In the case of Mc Kayed v Forbidden City Limited t/a translations.ie [2016 IEHC 722]  the issue arose as to whether or not the plaintiff was an employee of the defendant in the context of a potential claim under the Unfair Dismissal Acts 1977 (as amended). The judgement of Ms [...]

By |2019-10-18T10:24:54+00:00January 9th, 2017|An Garda Siochana, Appeal, Appeal Hearing, Contracts of Employment, Employee, Employee v Self Employed, High Court, latest news, Litigation|Comments Off on High Court Considers Whether Translator/Interpreter is Employee for Unfair Dismissal Purposes

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

Duffy Cahill Report – How to Avoid Another “Clery’s Situation” happening again

The recent publication of the report of two experts appointed to examine and review employee protection legislation in the context of ensuring that limited liability or restructuring are not used as a means to avoid a company's obligations to its employees was published at the end of April by Richard [...]

By |2019-10-18T10:25:27+00:00May 11th, 2016|Collective Redundancies, Consultation, Contracts of Employment, Duffy Cahill Report, Exceptional Collective Redundancies, Information and Consultation, Injunction, Litigation, Penalisation|Comments Off on Duffy Cahill Report – How to Avoid Another “Clery’s Situation” happening again

Important High Court Decision on Point of Law Payment of Wages Act 1991 – Case remitted to the Employment Appeals Tribunal

The recent case of EARAGAIL EISC TEORANTA v ANN MARIE DOHERTY, BRENDAN McGINLEY, EVELYN BOYLE, GAVIN McGINLEY, GERARD HARDY, JOHN McGINLEY, JONATHAN BYRNE, JOESPH BYRNE, JOSEPH DOHERTY, KEVIN BRESLIN, LIAM GALLAGHER, MARTIN GILLESPIE, MARY GAZLEY, MARY TUBRIDY, MICHAEL J. KENNEDY, MICHAEL O’DONNELL, NIGEL O’ROURKE, ROGER McSHANE, SEAMUS DOHERTY, SINEAD HAMILTON, [...]

By |2019-10-18T10:25:28+00:00June 15th, 2015|Appeal, Contracts of Employment, Deduction and Reduction, Employment Appeals Tribunal, High Court, Labour Relations Commision, latest news, McKenzie, Payment of Wages Act 1991|Comments Off on Important High Court Decision on Point of Law Payment of Wages Act 1991 – Case remitted to the Employment Appeals Tribunal

High Court Appeal on Point of Law – Section 6(4) Payment of Wages Act 1991

The recent case of the Health Service Executive v John McDermott [2014] IEHC 331 concerned an appeal pursuant to Section 7(4)(b) of the Payment of Wages Act 1991. For the purposes of this blog, we have referred extensively to the decision of the High Court including copying extracts of relevant [...]

By |2019-10-18T10:25:57+00:00March 23rd, 2015|Appeal, Contracts of Employment, High Court, latest news, Litigation|Comments Off on High Court Appeal on Point of Law – Section 6(4) Payment of Wages Act 1991

Bullying in the Workplace – Recent High Court Case Highlighting Legal Principles

Justice Kearns delivered his recent judgement in Glynn v Minister for Justice Equality and Law Reform [2014 IEHC 133] on 21st March 2014. Although the claimant was unsuccessful in her claim, the case is interesting in so far as the High Court explores the tests required to prove bullying in [...]

By |2019-10-18T10:25:58+00:00July 1st, 2014|Bullying and Harassment, Contracts of Employment, Grievance, Health and Safety, Health and Safety Law, High Court, latest news, Litigation, Sick Leave, Stress in the Workplace|Comments Off on Bullying in the Workplace – Recent High Court Case Highlighting Legal Principles

Recent High Court Case on Bullying in the Workplace

Justice O'Neill delivered the recent judgement in Ruffley -v- Board of Management St. Anne's School [2014 IEHC 235] on the 9th day of May 2014. This case concerned bullying and harassment and a full copy of the judgement is available here. Background The plaintiff in this case claimed damages for [...]

Disciplinary Proceedings and An Garda Siochana – Recent High Court Decision

The recent case of John Wilson v Superintenddent Sean Farrell, Chief Superintendent Patrick McGee, the Commissioner of an Garda Siochana Ireland has attracted a lot of media attention since the whistleblowing controversy hit the media. The judgement of Justice O'Malley was delivered by the High Court on 11th April, 2014 [...]

By |2019-10-18T10:25:59+00:00May 6th, 2014|Appeal, Appeal Hearing, Contracts of Employment, Disciplinary Hearing, Disciplinary Meetings, Garda Siochana (Discipline) Regulations 2007, High Court, Investigation, Judicial Review, latest news, Litigation|Comments Off on Disciplinary Proceedings and An Garda Siochana – Recent High Court Decision

Constructive Dismissal – Is it fatal for an employee to give notice and/or fail to engage with their employer?

The case of Mara Rybak v Matthew Hannigan T/a Hannigan Facility Services Building PW 243/2012, TE 126/2012, TU 28/2012 was delivered by the Employment Appeals Tribunal in November 2013 and published in February 2014. The cases came before the Tribunal with the employee appealing the two decisions and one recommendation [...]

By |2019-10-18T10:26:21+00:00February 24th, 2014|Annual Leave and Sick Leave, Appeal, Breach of Contract, Bullying and Harassment, Contracts of Employment, EAT Decisions February 2014, latest news, Litigation, Sick Pay and Illness, Transfer of Undertaking Regulations 2003, TUPE, Unfair Dismissal|Comments Off on Constructive Dismissal – Is it fatal for an employee to give notice and/or fail to engage with their employer?