Unfair Dismissal – Employee Compensation Reduced by 60%

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 [...]

By |2020-06-08T11:39:03+00:00June 8th, 2020|latest news, Litigation, Redundancy, Unfair Dismissal, Workplace Relations Commission Decisions May 2020|Comments Off on Unfair Dismissal – Employee Compensation Reduced by 60%

Redundancy and Fair Selection Criteria

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 [...]

By |2020-06-05T15:07:21+00:00June 5th, 2020|latest news, Litigation, Redundancy, Unfair Dismissal, Workplace Relations Commission Decisions April 2020|Comments Off on Redundancy and Fair Selection Criteria

Data Protection Commissioner Publishes Report into the Hospitals Sector

The Data Protection Commissioner's office has recently published a report entitled "Data Protection Investigation in the Hospitals Sector". A full copy of the report is available to view here. The report was was compiled following an investigation undertaken in 2017 by the office's Special Investigation Unit (SIU). The investigation took place [...]

By |2019-10-18T10:23:48+00:00May 22nd, 2018|data protection, Data Protection Commissioner, latest news, Litigation, Privacy|Comments Off on Data Protection Commissioner Publishes Report into the Hospitals Sector

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

Data Protection Prosecution with Sentence of 2 years For Sale of Personal Information Welcomed

Assistant Data Protection Commissioner, Tony Delaney, has recently welcomed the outcome of prosecution proceedings which concluded at Letterkenny Circuit Court and which were taken by An Garda Síochána against a former civil servant. In this case the defendant was accused of a number of charges of receiving corrupt payments between [...]

By |2019-10-18T10:24:31+00:00January 31st, 2018|data protection, latest news, Litigation, Privacy, private investigator|Comments Off on Data Protection Prosecution with Sentence of 2 years For Sale of Personal Information Welcomed

Dismissal Due to Long Term Sick Leave – Useful Decision of Workplace Relations Commission

Attached is a link to a useful recent decision of the WRC in relation to the dismissal of an employee on long term sick leave. In this case the employee had been absent on sick leave for a total of eighteen months. His GP had furnished his employer with a [...]

By |2019-10-18T10:24:31+00:00January 19th, 2018|latest news, Litigation, Sick Leave, Unfair Dismissal|Comments Off on Dismissal Due to Long Term Sick Leave – Useful Decision of Workplace Relations Commission

Mutual Trust and Confidence Employee contributed to own dismissal by his unreasonable and indefensible behaviour

In this case (Structured Finance Management (Ireland) Limited and Vadym Kakinin) (ADJ0000-155-A) the employee appealed a previous finding of the WRC that he had not been unfairly dismissed to the Labour Court who overturned the decision of the Adjudicator but found that the complainant contributed 70% to his own dismissal. The [...]

By |2019-10-18T10:24:31+00:00January 18th, 2018|Breach of Trust and Confidence, Contracts of Employment, Investigation, Labour Court, latest news, Litigation, Unfair Dismissal, Workplace Relations Commission|Comments Off on Mutual Trust and Confidence Employee contributed to own dismissal by his unreasonable and indefensible behaviour

Monitoring of Email in the Workplace – Breach of Article 8 – Right to Respect For Privacy, Family, Home and Correspondence

A recent European Court of Human Rights ruling provides that employers must notify their employees in advance if their professional email accounts are to be monitored. The case Barbulescu v Romania concerned a Romanian man who was made redundant after it was found that he had used his work email [...]

By |2019-10-18T10:24:33+00:00September 6th, 2017|Damages, European Court of Human Rights, latest news, Litigation, Unfair Dismissal|Comments Off on Monitoring of Email in the Workplace – Breach of Article 8 – Right to Respect For Privacy, Family, Home and Correspondence

Workplace Relations Commission – Useful Guide Published on Adjudication Hearings

The Workplace Relations Commission (WRC) has recently published a general guide on the structure and procedure of a WRC adjudication hearing which readers may find beneficial. The link to the guide can be found here.  

By |2019-10-18T10:24:33+00:00August 30th, 2017|Blog, latest news, Litigation, Workplace Relations Act 2015, Workplace Relations Commission|Comments Off on Workplace Relations Commission – Useful Guide Published on Adjudication Hearings

Compulsory Retirement Age – Discriminatory Dismissal Claims On the Rise

The Workplace Relations Commission have recently published a series of decisions in respect of the hot topic of "forced" retirement of employees at the age of 66. In the case of A Book Keeper v A Retail Business ADJ 00005391 it was reported that he complainant had been employed as a [...]

By |2019-10-18T10:24:33+00:00August 22nd, 2017|Age Discrimination, Equality, latest news, Litigation, Onjective Justification, Workplace Relations Act 2015, Workplace Relations Commission|Comments Off on Compulsory Retirement Age – Discriminatory Dismissal Claims On the Rise

Debt Collection – Decrease in Interest Rate on Judgement Debts

The Courts Act 1981 (Interest on Judgement Debts) Order 2016 (Statutory Instrument No. 624 of 2016) came into operation on 1 January 2017. The rate of interest payable on judgement debts has been substantially decreased from 8% to 2% and no doubt will be well received by judgement debtors. A [...]

By |2019-10-18T10:24:34+00:00January 17th, 2017|Debt Collection, latest news, Litigation|Comments Off on Debt Collection – Decrease in Interest Rate on Judgement Debts

Health and Safety – European Commission launches initiative to better protect the health and safety of workers

The European Commission has recently launched a new initiative to better protect workers against work-related cancer, to help businesses, in particular SME's and micro-enterprises, in their efforts to comply with the existing legislative framework, and to put a bigger focus on results and less on paperwork.   Following up on [...]

By |2019-10-18T10:24:34+00:00January 16th, 2017|Accident at Work, Health and Safety, Health and Safety Law, latest news, Litigation|Comments Off on Health and Safety – European Commission launches initiative to better protect the health and safety of workers

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

Education (Admissions to Schools ) Bill 2016

The Education (Admissions to Schools ) Bill 2016 was published on 8th July and is designed to make provision that a school (recognised in accordance with section 10 of the Education Act 1998) must prepare and publish an admission policy which must include a statement that the school shall not [...]

By |2019-10-18T10:24:57+00:00July 11th, 2016|Discrimination, Education, Education (Admission to Schools) Bill 2016, latest news, Litigation|Comments Off on Education (Admissions to Schools ) Bill 2016

Au Pair Placement Bill 2016 Published

The Au Pair Placement Bill 2016 ("the Bill") was published on Monday this week with the aim of better protecting the rights of young people on cultural and education exchange programmes. The Bill proposes "Au Pair Placements" to ensure no more than 30 hours light domestic help per week in [...]

By |2019-10-18T10:24:57+00:00July 6th, 2016|Au Pair, Blog, Contracts of Employment, Domestic Workers, latest news, Litigation|Comments Off on Au Pair Placement Bill 2016 Published