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 [...]
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 [...]
Both employers and employees should take note of the recent case of PM/Complainant v A Food Producer . Here it was found that the employee was unfairly dismissed due to a redundancy procedure being fundamentally flawed including being unfairly selected for redundancy. What is interesting about this case was that [...]
Although we havent set out the detailed summary and analysis of the case of A Civil Servant v A Government Office ADJ00029165, it is a very useful summary of the law around discrimination on the grounds of age and retirement. The complainant in this case was a Higher Civil Servant [...]
Unfortunately we are seeing an increase in redundancy related queries in the office and this is also evident in some of the recent cases published by the Workplace Relations Commission. In the recent May case of An Office Administrator v A Wholesaler ADJ00026271 the complainant (employee) was employed by the [...]
Employers, if you have two or more employees performing the same or similar role and you are considering making redundancies, it is not simply a case of "picking and choosing" which employee you wish to make redundant. You must ensure you have clear selection criteria in place and be able [...]
The recent case of A Shop Assistant v A Hardware and Tool Hire Store is very useful for summarising the law where an employee is absent on sick leave. The employee in this case made complaints in respect of bullying at work but was ultimately dismissed for failing to provide [...]
In the April case of a A Former Sales Manager v A Horse Products Sales Company an employee who was given insufficient time to consider an alternative role was awarded €56,000 for unfair dismissal. Whilst the employee received a letter in respect of her redundancy, it was explained that the [...]
A General Operative v A Distributor is a recent case before the Workplace Relations Commission which highlights the failures of an employer to follow proper and fair procedure. A litany of failures was reported in this case. The employer (Respondent) in this case alleged that the employee (complainant) presented with [...]
In a recent case published by the Workplace Relations Commission this month, An Acting Inspector v A Transport Company, (ADJ-00023015), the Complainant (employee) was awarded €7,500 under the Protected Disclosures Act. Background The Complainant (employee) commenced employment with the Respondent (employer) on 22 April, 2013 and worked as an Acting [...]
In a recent case of the Workplace Relations Commission of A Cook v A Limited Company ADJ 0026299 the Complainant employee was awarded redundancy after the offer of suitable alternative employment made to her was found to be inadequate Background The Respondent (employer) closed its Dublin 14 premises, at which [...]
The case of a Complainant v a Respondent looked at a number of issues around deductions made from final salary and whether these were lawful. The complainant (employee) argued that when he finished employment with his employer, over €3,000 was deducted from him unlawfully. He stated that €2350 related to [...]
In the case of A Community Development Officer v A Family Resource Centre the Complainant (employee) alleged that she as dismissed on the grounds of gender due to pregnancy. The Complainant commenced employed as a part-time Community Development / Family Support worker on 1st November 2016. At the commencement of [...]
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 [...]
The case of A retained Firefighter v A Local Authority is a very useful (and detailed) summary of the law in Ireland around working time under the Organisation of Working Time Act 1997 ( as amended) and related regulations. In this case the Complainant was a Retained Firefighter and lived [...]
