The recent case of A Night Porter v A Hotel dealt with a claim of discrimination on the grounds of race, in relation to training and conditions of employment. The complainant (employee) also contended that he was harassed and victimised and subject to discriminatory dismissal for opposing discrimination. The complainant [...]
In the latest series of Employment Appeals Tribunal determinations from December, we look at finding of unfair dismissal where the respondent employer failed to carry out a proper workplace investigation. Background In the case of Rachel Bermingham v Marks and Spencer Ireland UD 601/2011, MN 639/2011 the claimant was duty [...]
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 [...]
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 [...]
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 [...]
In a recent judgement of Ms Justice Laffoy delivered on 22nd March 2013 in Mark Ryan v ESB International Limited [2013 IEHC 126] the plaintiff sought an interlocutory injunction restraining his dismissal on the grounds of "breach of trust and confidence" entitled to be held by the defendant in him. By way of background, the [...]
In a recent claim for unfair dismissal (An Employee v An Employer UD 211/2011, MN 207/2011) the Tribunal awarded the Claimant €25,000 taking into account her contribution to the dismissal. In particular the Tribunal noted the lack of fair procedure afforded to the Claimant prior to her dismissal. Background The Claimant [...]
In the recent Tribunal case of An Employee v An Employer (UD 538/2011 and RP 749/2011) published this week, the Tribunal was asked to consider whether the Claimant was unfairly dismissed in light of an investigation and disciplinary process undertaken by the employer. Interestingly the Tribunal noted that the failure of the Claimant [...]
In a determination published today (An Employee v An Employer - UD 1454/2011, MN 1536/2011) the Employment Appeals Tribunal was asked to consider the question of gross misconduct and whether it warranted dismissal. Background The Claimant worked as a food and beverage coordinator and also usually worked as a cashier. [...]
In the decision of Laffoy J in Cribbin v PLC Ingredients Limited & Anor delivered on 3rd October 2012, the High Court refused to interfere in an investigation process as part of an application for injunctive relief. We have referred extensively to extracts from the judgement of Justice Laffoy below and a link is provided to [...]
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. [...]
Included in the recently released equality decisions is the case of Ms Rachel McCarthy v Niscayah Limited DEC-E2012-191 where the Complainant was awarded €24,000 in respect of the discrimination and €5,000 in respect of victimization. Background The Complainant in this case worked for the Respondent as an office administrator from 2005 until [...]
