COVID-19 – General Employment Law Update

We are attaching a link to the recent article published on www.wciklownews.net in respect of some of the queries we are receiving from employers and employees concerning the COVID-19 crisis. https://wicklownews.net/2020/03/general-overview-for-employers-and-employees-on-covid-19/

By |2020-03-25T18:25:53+00:00March 25th, 2020|COVID-19, latest news|0 Comments

Indirect Discrimination – Asylum Seeker

The Irish Human Rights and Equality Commission has welcomed as significant the decision of the Workplace Relations Commission in a case of an asylum seeker who was refused a learner driver licence. The Commission provided legal representation to the man in his successful case. WRC adjudicator Jim Dolan stated that [...]

By |2020-02-19T15:50:44+00:00January 19th, 2020|latest news|Comments Off on Indirect Discrimination – Asylum Seeker

Breach of Trust and Unfair Dismissal

The recent case of a Business Manager v A Skills and Training Company is very useful in addressing a number of important issues such as the bond of trust between an employer and an employee. In this case an issue arose over the employee’s absences from work and the alleged [...]

By |2020-02-19T15:51:44+00:00January 14th, 2020|latest news|Comments Off on Breach of Trust and Unfair Dismissal

Constructive Dismissal and Workplace Stress

Constructive dismissal cases are generally very difficult to win as the onus or burden of proof is on the employee to show that it was reasonable for them to resign from their employment. Generally an employee is expected to exhaust all internal procedures including a grievance procedure before they resign, [...]

By |2020-02-19T15:51:54+00:00January 13th, 2020|latest news|Comments Off on Constructive Dismissal and Workplace Stress

Disciplinary Process Criticised by Workplace Relations Commission

In a recent case before the Workplace Relations Commission, the Adjudicator was extremely critical of the lack of procedure afforded by the employer to the employee in respect of a dismissal for gross misconduct. He stated “….This represents such a catalogue of consistent breaches of the complainant’s rights it provides [...]

By |2020-02-19T15:50:34+00:00January 13th, 2020|latest news|Comments Off on Disciplinary Process Criticised by Workplace Relations Commission

Cyberbullying and Online Safety

Minister Bruton has published the general scheme of the Online Safety and Media Regulation Bill, to protect children online and will deal with matters such as cyber bullying and the appointment of a new online Safety Commissioner. A full copy of the link can be accessed here.

By |2020-02-19T15:52:03+00:00January 10th, 2020|latest news|Comments Off on Cyberbullying and Online Safety

Performance Issues and Unfair Dismissal

A recent case from the Workplace Relations Commission in December 2019 deals with the issue of performance and unfair dismissal. Here an employee was dismissed for failing to reach company targets over a period of time. The employee was awarded 9,500 euro compensation for unfair dismissal. The WRC found inter [...]

By |2020-02-19T15:52:15+00:00January 9th, 2020|latest news|Comments Off on Performance Issues and Unfair Dismissal

Compromise or Settlement Agreements

A recent case of the Workplace Relations Commission demonstrates the implications for an employee in signing a settlement agreement and the inability to pursue any future claims agains their employer. In this case the employee had waived their rights to sue their employer affter signing a compromise agreement with the [...]

By |2020-02-19T15:52:28+00:00January 8th, 2020|latest news|Comments Off on Compromise or Settlement Agreements

Contract of Service v Contract for Service

A further decision of the Workplace Relations Commission in December 2019 looks at the distinction between whether someone is an employee or works under a “contract of service” or self employed under a “contract for service”. In this case the Workplace Relations Commission looked at a number of tests used [...]

By |2020-02-19T15:52:36+00:00January 8th, 2020|latest news|Comments Off on Contract of Service v Contract for Service

Revenue Tax Guide Update

For those interested, Revenue have published a useful guide to the Taxes Consolidated Act 1997 which has been updated to take account of the changes made by the Finance Act 2019. A copy of the link can be found here This note is intended to be a guide only and [...]

By |2020-02-19T15:52:46+00:00January 7th, 2020|latest news|Comments Off on Revenue Tax Guide Update

Employee v Self Employed

In a recently published case of the Workplace Relations Commission, it was decided that a GP was in fact an employee (contract of service) and not self employed (contract for service). The case concerned the complainant looking for a statement of their terms and conditions of employment or contract pursuant [...]

By |2020-02-19T15:52:56+00:00January 7th, 2020|latest news|Comments Off on Employee v Self Employed

Unfair Dismissal – Investigations and Fact Finding

The following decision of the Workplace Relations Commission is a very useful summary in respect of procedural deficiencies in a unfair dismissal claim. This case concerned the dismissal of an Special Needs Assistant (SNA) in a school due to allegations concerning drugs however the school made a number of mistakes [...]

By |2020-02-19T15:53:06+00:00January 6th, 2020|latest news|Comments Off on Unfair Dismissal – Investigations and Fact Finding