Call us today! +353 (0)1 5175900 |wendy@wdsolicitors.ie
Suspension, Gross Misconduct and Unfair Dismissal

Suspension, Gross Misconduct and Unfair Dismissal

The May case of A Human Resources Practitioner v A Marketing Company ADJ00020660 is a very useful summary of the law around dismissal on the grounds of conduct. In this case the employee was dismissed on the grounds of misconduct after an investigation was conducted...
Discrimination on the Grounds of Race – Compensation

Discrimination on the Grounds of Race – Compensation

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...

Unfair Dismissal and Workplace Investigation Flaws

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...

Constructive Dismissal – Recent Caselaw from the Employment Appeals Tribunal

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...

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...

Constructive Dismissal Claim and Impulsive Actions

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...