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 dismissal for opposing discrimination. The complainant [...]

By |2020-04-09T11:29:57+00:00April 9th, 2020|Bullying and Harassment, Discrimination, Employee Handbook, Grievance, latest news, Workplace Relations Commission Decisions March 2020|Comments Off on Discrimination on the Grounds of Race – Compensation

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 Ireland UD 601/2011, MN 639/2011 the claimant was duty [...]

By |2019-10-18T10:26:23+00:00January 1st, 2014|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employee Handbook, Gross Misconduct, Investigation, latest news, Litigation, Unfair Dismissal|Comments Off on Unfair Dismissal and Workplace Investigation Flaws

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 claimant had satisfied the test for constructive dismissal in [...]

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 involving a gift card and credit voucher. It is [...]

By |2019-10-18T10:21:02+00:00October 30th, 2013|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employee Handbook, Employment Appeals Tribunal Decisions October 2013, Grievance, Investigation, latest news, Litigation, Unfair Dismissal, Workplace Investigations|Comments Off on Unfair Dismissal and Flawed Procedures – Mistake Did Not Justify Dismissal

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 dismissed. Background The claimant commenced employment with the respondent [...]

By |2019-10-18T10:20:32+00:00September 12th, 2013|Constructive Dismissal, Contracts of Employment, Employee Handbook, Employment Appeals Tribunal Decisions August 2013, latest news, Litigation, Unfair Dismissal|Comments Off on Constructive Dismissal Claim and Impulsive Actions

High Court Injunction – Breach of Trust and Confidence

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 [...]

By |2019-10-18T10:19:41+00:00April 18th, 2013|Breach of Trust and Confidence, Bullying and Harassment, Contracts of Employment, Disciplinary Meetings, Employee Handbook, High Court, Injunction, latest news, Litigation|Comments Off on High Court Injunction – Breach of Trust and Confidence

Unfair Dismissal – Award of €25,000 for lack of fair procedure

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 [...]

By |2019-10-18T10:19:24+00:00April 8th, 2013|Appeal, Appeal Hearing, Contracts of Employment, Employee Handbook, Employment Appeals Tribunal Decisions 8th April 2013, Grievance, latest news, Unfair Dismissal|Comments Off on Unfair Dismissal – Award of €25,000 for lack of fair procedure

Investigation and Disciplinary meeting flaws “so significant” so as to lead to finding of unfair dismissal and award of €20,000

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 [...]

By |2019-10-18T10:19:24+00:00April 4th, 2013|Appeal, Contracts of Employment, Disciplinary Meetings, Employee Handbook, Employment Appeals Tribunal Decisions 3rd April 2013, latest news, Unfair Dismissal, Workplace Investigations|Comments Off on Investigation and Disciplinary meeting flaws “so significant” so as to lead to finding of unfair dismissal and award of €20,000

Misconduct did not warrant Dismissal – Award of €17,500

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. [...]

By |2019-10-18T10:19:24+00:00April 3rd, 2013|Contracts of Employment, Employee Handbook, Employment Appeals Tribunal Decisions April 2013, Gross Misconduct, Unfair Dismissal|Comments Off on Misconduct did not warrant Dismissal – Award of €17,500

Disciplinary Process & Workplace Investigation – High Court refuses to interfere as part of application for injunctive relief

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 [...]

By |2019-10-18T10:19:03+00:00February 4th, 2013|Confidental Information, Contracts of Employment, Employee Handbook, High Court, Injunction, private investigator, Workplace Investigations|Comments Off on Disciplinary Process & Workplace Investigation – High Court refuses to interfere as part of application for injunctive relief

Homophobic working environment leads to award of €24,000 for discrimination and victimisation

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. [...]

By |2019-10-18T10:19:04+00:00January 23rd, 2013|Bullying and Harassment, Constructive Dismissal, Contracts of Employment, Discrimination, Employee Handbook, Equality, Equality Tribunal, Equality Tribunal Decisions December 2012, Workplace Investigations|Comments Off on Homophobic working environment leads to award of €24,000 for discrimination and victimisation

New Pregnancy related Equality Decision – Award of €29,000 for discrimination and victimisation

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 [...]

By |2019-10-18T10:19:04+00:00January 22nd, 2013|Contracts of Employment, Discrimination, Employee Handbook, Equality, Equality Tribunal, Equality Tribunal Decisions December 2012|Comments Off on New Pregnancy related Equality Decision – Award of €29,000 for discrimination and victimisation