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

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

Judicial Review Refused in Respect of Disciplinary Action and Original Findings of Board of School of Management

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 [...]

By |2019-10-18T10:24:54+00:00January 12th, 2017|Alternative Dispute Resolution, Appeal, Blog, Board of Management, Disciplinary Hearing, Disciplinary Meetings, Grievance, High Court, Judicial Review, Schools|Comments Off on Judicial Review Refused in Respect of Disciplinary Action and Original Findings of Board of School of Management

Bonus Payments and Allowances – Discretionary or Not?

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") [...]

By |2019-10-18T10:24:57+00:00June 21st, 2016|Appeal, Bonus, Breach of Contract, Constructive Dismissal, Deduction and Reduction, Grievance, Health and Safety, High Court, latest news, Litigation, Payment of Wages Act 1991|Comments Off on Bonus Payments and Allowances – Discretionary or Not?

Bullying in the Workplace – Recent High Court Case Highlighting Legal Principles

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 [...]

By |2019-10-18T10:25:58+00:00July 1st, 2014|Bullying and Harassment, Contracts of Employment, Grievance, Health and Safety, Health and Safety Law, High Court, latest news, Litigation, Sick Leave, Stress in the Workplace|Comments Off on Bullying in the Workplace – Recent High Court Case Highlighting Legal Principles

Equality Tribunal Publish Decisions for May 2014 Including Award for Discriminatory Dismissal on Grounds of Age (Compulsory Retirement)

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 [...]

By |2019-10-18T10:25:58+00:00June 16th, 2014|Age Discrimination, Discrimination, Employment Equality Decisions May 2014, Equality Tribunal, Grievance, Health and Safety, latest news, Litigation, retirement age|Comments Off on Equality Tribunal Publish Decisions for May 2014 Including Award for Discriminatory Dismissal on Grounds of Age (Compulsory Retirement)

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

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

Bullying and Harassment Part 2 – Recent High Court case awards retired detective garda €85,000

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 [...]

By |2019-10-18T10:19:03+00:00January 30th, 2013|Bullying and Harassment, Contracts of Employment, Defamation, Grievance, Investigation, Personal Injury|Comments Off on Bullying and Harassment Part 2 – Recent High Court case awards retired detective garda €85,000

Constructive Dismissal and the onerous burden of proof

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 [...]

Workplace Investigations – Top Questions Asked

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 [...]

By |2019-10-18T10:17:02+00:00January 18th, 2013|Bullying and Harassment, Grievance, Investigation, Workplace Investigations|Comments Off on Workplace Investigations – Top Questions Asked