Unfair Dismissal – Award of €56,000 for Failure to Consider Alternatives to Redundancy

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 [...]

Redundancy – Alternative Employment Found To Be Unsuitable

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 [...]

By |2020-05-19T12:51:58+00:00May 19th, 2020|Appeal, latest news, Redundancy, Workplace Relations Commission Decisions March 2020|Comments Off on Redundancy – Alternative Employment Found To Be Unsuitable

Redundancy Claims and Entitlements

The recent decision of A Senior Developer v A Government Department is a very useful summary of the law on redundancy and centered around the employee's claim for redundancy post liquidation of the company he worked for. The employee was involved in a dynamic start up company but ultimately was caught [...]

By |2020-04-09T09:18:11+00:00April 9th, 2020|Redundancy, Workplace Relations Act 2015, Workplace Relations Commission, Workplace Relations Commission Decisions March 2020|Comments Off on Redundancy Claims and Entitlements

Unfair Dismissal and Settlement Agreements – Tribunal rules it “vital” for an employee to seek advice before signing

In a recent case before the Employment Appeals Tribunal, Kerrigan v Smurfit Kappa Ireland Limited (UD 1921/2011) the employee appealed against a recommendation of a Rights Commissioner (ref r-105234-ud11 JOC,) under the Unfair Dismissal Act 1977 (as amended). The case is interesting insofar as it reiterates again the importance of allowing [...]

By |2019-10-18T10:25:57+00:00March 30th, 2015|Employment Appeals Tribunal Decisions January 2015, Redundancy, Settlement Agreements, Unfair Dismissal|Comments Off on Unfair Dismissal and Settlement Agreements – Tribunal rules it “vital” for an employee to seek advice before signing

UK High Court Enforces 12 month Restrictive Covenant Clause

In the recent UK case of Romero Insurance Brokers v Templeton [2013] EWHC 1198 (QB) the UK High Court was asked to consider a number of questions including the enforceability of a 12 month restrictive covenant. A copy to the decision is found here. Background The defendant in this case, [...]

By |2019-10-18T10:26:20+00:00March 3rd, 2014|Confidental Information, Constructive Dismissal, High Court, Injunction, Insurance, latest news, Litigation, Redundancy, Restrictive Covenant, Restrictive Covenants, Unfair Dismissal, Wrongful Dismissal|Comments Off on UK High Court Enforces 12 month Restrictive Covenant Clause

Collective Redundancies and the Dell High Court Case

The judgement in the case of Tagney & anor v Dell Products Limerick was delivered by Justice Birmingham on 26th day of June 2013. A full copy of the decision available on the courts website and we have referred extensively to extracts from the judgement below. Background The case arose [...]

By |2019-10-18T10:26:21+00:00February 26th, 2014|Collective Redundancies, Consultation, High Court, latest news, Litigation, Redundancy|Comments Off on Collective Redundancies and the Dell High Court Case

Breach of Contract – Be Wary of Voluntary Redundancy Offers

In Browne v Iarnrod Eireann Irish Rail [2013] IEHC 62, Mr. Justice Hogan in the High Court was asked to considerwhether there was a binding contract between the parties where an offer of voluntary redundancy was made. Justice Hogan delivered his judgement on 11th December 2013 and a full copy [...]

Unfair Dismissal and Discriminatory Dismissal – Is it possible to claim both under Section 101 of the Equality Act 1998 (as amended)

The recent case of Astrid McCarey v High Lennon and Associates UD909/2012 deals with the the jurisdictional issue under Section 101(2) of the Employment Equality Acts 1998 (as amended). Background The claimant in this case lodged a claim for unfair dismissal under Section 8 of the Unfair Dismissal Act 1977 [...]

Interesting Employment Appeals Tribunal Case On Duplication of Proceedings

The recent Employment Appeals Tribunal case of Beverley Morgan v Irish Horse Welfare Trust Limited UD53/2012. WT 13/2012, MN 24/2014 is a useful synopsis of the law in respect of both parallel proceedings before the Employment Appeals Tribunal and the High Court and the powers of the Tribunal in this [...]

Fixed Term Workers, Discrimination, Objective Grounds and Appeal to High Court

The recent High Court case of An Post v Finbarr and Deirdre Wade [2013] IEHC 404 concerned an appeal from a Labour Court decision determining that the respondent's right to equal treatment had been contravened by the exclusion of fixed term workers from a voluntary early retirement scheme. Background The [...]

By |2019-10-18T10:21:03+00:00October 23rd, 2013|Appeal, Fixed Term Workers, High Court, Labour Court, Labour Relations Commision, latest news, Litigation, Redundancy|Comments Off on Fixed Term Workers, Discrimination, Objective Grounds and Appeal to High Court

Frustration of Employment Contract – Failure to Produce Specialist Medical Evidence

The Employment appeals Tribunal recently considered the issue of frustration of contract of employment in the case of The Personal Representative in the Estate of Piotr Kobialka (Deceased) v Shannon Formwork Limited RP2562/2011, UD1985/2011 The claimant had been employed by the respondent construction company from 2000 and was absent on [...]

By |2019-10-18T10:21:03+00:00September 20th, 2013|Employment Appeals Tribunal Decisions August 2013, latest news, Litigation, Redundancy, Sick Leave, Sick Pay and Illness, Unfair Dismissal|Comments Off on Frustration of Employment Contract – Failure to Produce Specialist Medical Evidence

Redundancy – Employee Should Be Afforded Right to Appeal Decision

The recent case of Henry Gwynn-Jones against the recommendation of the Rights commissioner in the case of John Dawson UD 1480/2011 concerned an appeal by the employer against the recommendation of a Rights Commissioner decision ref: r-096375-ud-10/JOC. In this case the employee gave evidence that he was informed by letter [...]

By |2019-10-18T10:20:33+00:00July 31st, 2013|Appeal, Employment Appeals Tribunal Decisions July 2013, latest news, Litigation, Redundancy, Unfair Dismissal|Comments Off on Redundancy – Employee Should Be Afforded Right to Appeal Decision

Dismissal under “Cloak of Redundancy” Leads to Award of €30,000

In the case of Jim Dowdall v Oxigen Environmental UD207/2011 the Employment Appeals Tribunal was asked to consider whether the Claimant was unfairly dismissed on the grounds of unfair selection for redundancy. Background The Claimant commenced employment with the Respondent in July 2000 and at the date of termination was [...]

By |2019-10-18T10:20:34+00:00July 29th, 2013|Appeal, Employment Appeals Tribunal Decisions July 2013, latest news, Litigation, Redundancy, Unfair Dismissal|Comments Off on Dismissal under “Cloak of Redundancy” Leads to Award of €30,000

Unfair Dismissal – Award of €50,000 Due To Unfair Selection for Redundancy

The recent Employment Appeals Tribunal decision of Gillian Free v Oxigen Environmental UD 206/2011 concerned a claim for unfair dismissal on the grounds the claimant was unfairly selected for redundancy and fair procedure was not followed. The claimant commenced in the role of Environmental Compliance Officer and was promoted several [...]

By |2019-10-18T10:20:09+00:00July 2nd, 2013|Contracts of Employment, Employment Appeals Tribunal Decisions June 2013, latest news, Litigation, Redundancy, Unfair Dismissal|Comments Off on Unfair Dismissal – Award of €50,000 Due To Unfair Selection for Redundancy

Redundancy and Unfair Selection – Importance of clear contractual terms

A recent decision of the Employment Appeals Tribunal (An Employee v An Employer UD1737/2011) highlights the importance of contractual documentation in light of any proposed redundancies. Here the claimant argued that her selection for redundancy was unfair on the basis of "LIFO" on specific sites was not mentioned in her contract of [...]