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 [...]
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 [...]
In the recent case of Dillon v Board of Management of Catholic University School [2016 IEHC 674] Justice Twomey was asked to consider a challenge by way of Judicial Review to a finding by the Board of Management of the Respondent of 24th February 2015 whereby it was found that [...]
In the recent case of Sandra Cleary, Ellen Bradley, Joyce Donovan, Angela Carmody, Joan Thompson, Anita Malone, Yvonne Masters, Maureen Andres, Brian McCarthy and James Dowdall v B&Q Ireland Limited the appellants were a number of employees of different branches of the Defendant who sought to challenge an Employment Appeals Tribunal ("EAT") [...]
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 [...]
The Equality Tribunal today published their decisions for May 2014 including awards totalling €93,000 for employment equality decisions upheld or part upheld. In addition a member of the travelling community was awarded €1,000 under the Equal Status Acts for discriminatory treatment in respect of refusal of service. A full copy [...]
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 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 [...]
Following on from our blog post yesterday, we will now look at the remaining six areas of complaint in respect of bullying and harassment alleged by the plaintiff in the recent High Court case of Browne v Minister for Justice, Equality and Law Reform and Others, judgement in which was [...]
The recent case of Daniel O'Gorman v Glen Tyre Company Limited UD 2314/10 sent by the Employment Appeals Tribunal on 18th January 2013 demonstrates the high burden of proof a resigning employee must demonstrate in order to prove that they have been constructively dismissed. Interestingly in this case the Tribunal noted that [...]
We have outlined below some of the most frequently asked questions we come across during workplace investigations. Over a series of recent blog posts we have highlighted some of the recent case-law in this complex area and we now turn our attention to the more practical challenges out there. Always remember no two [...]
