Discriminatory Dismissal – Award of 6 Months Salary for Pregnancy Dismissal

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 [...]

By |2020-04-14T10:27:58+00:00April 14th, 2020|Blog, Disciplinary Hearing, Disciplinary Meetings, Discrimination, latest news, Maternity, Maternity Rights, Pregnancy at Work, Sick Leave, Workplace Relations Commission, Workplace Relations Commission Decisions March 2020|Comments Off on Discriminatory Dismissal – Award of 6 Months Salary for Pregnancy Dismissal

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

Unfair Dismissal – Failure to Allow Return to Work after Sick Leave leads to Award €50,000

In the recently published case of Colin Carrick v Dublin Stevedores Limited (UD831/2013) the claimant was awarded €50,000. Background The claimant was employed as Assistant to Operations Manager from September 2001 for the respondent who operated cargo handling at Dublin Port. His father has set up the company with JN [...]

By |2019-10-18T10:25:58+00:00November 6th, 2014|EAT Decisions November 2014, Sick Leave, Unfair Dismissal|Comments Off on Unfair Dismissal – Failure to Allow Return to Work after Sick Leave leads to Award €50,000

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

Recent High Court Case on Bullying in the Workplace

Justice O'Neill delivered the recent judgement in Ruffley -v- Board of Management St. Anne's School [2014 IEHC 235] on the 9th day of May 2014. This case concerned bullying and harassment and a full copy of the judgement is available here. Background The plaintiff in this case claimed damages for [...]

Unfair Dismissal, Sick Leave and Failure to Avail of Counselling Services

The recent case of Patrick Kinsella v Irish Prison Service UD 1120/2011 MN 1212/2011 concerned a claim for unfair dismissal where the claimant had been dismissed due to his attendance record and his ability to provide a reliable service going forward. Background and Preliminary Issue The claimant commenced employment on [...]

By |2019-10-18T10:21:03+00:00October 9th, 2013|Contracts of Employment, Employment Appeals Tribunal Decisions August 2013, latest news, Sick Leave, Sick Pay and Illness, Unfair Dismissal|Comments Off on Unfair Dismissal, Sick Leave and Failure to Avail of Counselling Services

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

Constructive Dismissal on Grounds of Disability & Reasonable Accommodation – Award of 18 month’s salary

The recently published case of Fergal Reilly v United Parcels Service CSTC Ireland Limited Dec-E2013-077 concerned a claim of discrimination on the ground of disability contrary to Section 6(2)(g) of the Employment Equality Acts 1998 (as amended) in terms of access to employment, failure to provide reasonable accommodation and discriminatory [...]

By |2019-10-18T10:20:32+00:00August 22nd, 2013|Constructive Dismissal, Disability Discrimination, Discrimination, Equality Tribunal Decisions July 2013, latest news, Personal Injury, Resignation, Sick Leave, Sick Pay and Illness|Comments Off on Constructive Dismissal on Grounds of Disability & Reasonable Accommodation – Award of 18 month’s salary

Equality Tribunal orders Bank of Ireland to pay €30,000 for discrimination

In the recent decision of Grainne Campbell v Bank of Ireland Private Banking DEC 2013-046, the claimant was awarded €30,000 for discrimination. A full copy of the decision is accessible here. 1. Background and Summary of Complainants Case The complainant contended that she was subjected to discriminatory treatment by the [...]

By |2019-10-18T10:20:10+00:00June 18th, 2013|Discrimination, Equality, Equality Authority, Equality Tribunal, Equality Tribunal decisions May 2013, latest news, Litigation, Maternity, Pregnancy at Work, Sick Leave|Comments Off on Equality Tribunal orders Bank of Ireland to pay €30,000 for discrimination

High Court confirms on appeal that employee on long term sick leave had no entitment to redundancy

In a judgement (Horan v CWS Boco Ireland Limited) delivered by Justice Murphy in the High Court in November 2012, the High Court rejected a claim by the Appellant that the Employment Appeals Tribunal had erred in law in finding that he was not entitled to a redundancy payment under the Redundancy Payments Acts. [...]

By |2019-10-18T10:19:03+00:00January 31st, 2013|Accident at Work, High Court, Labour Relations Commision, Redundancy, Sick Leave|Comments Off on High Court confirms on appeal that employee on long term sick leave had no entitment to redundancy