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 into "the irregularity in the [...]

Employee v Self Employed – Employers Be Careful of Label!!

The recent May decision of A Therapist v Health Service Provider ADJ00024495 highlights some of the tests that determine whether someone is an employee or self employed. The difference is very important as the complainant or person making the complaint needs to be an employee in order to attract the [...]

By |2020-06-10T12:30:02+00:00June 10th, 2020|Employee, Employee v Self Employed, latest news, Workplace Relations Commission, Workplace Relations Commission Decisions May 2020|Comments Off on Employee v Self Employed – Employers Be Careful of Label!!

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

Employment and Equality Law Free Guide

The Workplace Relations Commission have published a very useful guide to employment and equality law for employers and employees who may wish to understand their obligations and rights. A copy of the link can be found here https://www.workplacerelations.ie/en/publications_forms/guide_to_employment_labour_and_equality_law_18.pdf

By |2019-10-18T10:23:24+00:00September 10th, 2019|Employee, latest news, News Article, Workplace Relations Commission|Comments Off on Employment and Equality Law Free Guide

Protection of Employment (Measures to Counter False Self-Employment) Bill 2018

The Government has recently published the Protection of Employment (Measures to Counter False Self-Employment) Bill 2018. The purpose of the Bill according to the draft is to declare the relationship between employer and employee to be a status relationship, to declare the question whether an individual is an employee or [...]

By |2019-10-18T10:23:48+00:00February 20th, 2018|Blog, Employee, Employee v Self Employed, latest news, Litigation, Protection of Employment (Measures to Counter False Self-Employment) Bill 2018, Self Employed|Comments Off on Protection of Employment (Measures to Counter False Self-Employment) Bill 2018

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