Overtime and Payment of Wages

Many employees believe that if they have outstanding expenses that haven't been paid that they can bring a claim to the Workplace Relations Commission under the Payment of Wages Act 1991 (as amended). This is incorrect. The Payment of Wages Act 1991 specifcally states that expenses are not included in [...]

By |2019-10-18T10:23:23+00:00September 23rd, 2019|Contracts of Employment, Employee, Grievance, Investigation, latest news, Unfair Dismissal|Comments Off on Overtime and Payment of Wages

Unfair Dismissal – Procedural Fairness and Right to Legal Representation

Useful unfair dismissal decision re arguments of procedural unfairness, right to legal representation etc. Complainant was employed by respondent's Special Compliance Branch and involved in sale of cigarettes from Poland on Facebook which had no duty paid https://www.workplacerelations.ie/en/search/?decisions=1&from=14/05/2019&to=17/06/2019

By |2019-10-18T10:23:47+00:00June 17th, 2019|Appeal Hearing, latest news, Unfair Dismissal, Workplace Relations Commission|Comments Off on Unfair Dismissal – Procedural Fairness and Right to Legal Representation

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 – New Guide to Employment and Equality Law

For those who are interested, the Workplace Relations Commission have published a new guide on their website on Employment and Equality Law, a copy of which is available to download here.

By |2019-10-18T10:24:57+00:00June 16th, 2016|Blog, Contracts of Employment, Equality, Equality Authority, Equality Tribunal, latest news, Unfair Dismissal, Workplace Relations Commission|Comments Off on Workplace Relations Commission – New Guide to Employment and Equality Law

Protected Disclosures Act 2014 – Application for Injunctive Relief

The recent case of Dan Philpott v Marymount University Hospital and Hospice Limited 2015/364 (Circuit Court) (unreported) delivered on June 12th 2005 is the first reported case under the Protected Disclosures Act 2014. Background The applicant in this case commenced employment on 6th May 2014 on a five year fixed [...]

By |2019-10-18T10:25:28+00:00August 24th, 2015|Circuit Court, Protected Disclosures Act 2014, Unfair Dismissal|Comments Off on Protected Disclosures Act 2014 – Application for Injunctive Relief

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

Fixed Term Worker – Was backdated contract an attempt to avoid the Unfair Dismissal Acts?

The case of Gerard Kemmy v Amgen Technology (Ireland) t/a Amgen [UD1979/2013] concerned a claim for unfair dismissal in respect of a fixed term work contract. Preliminary Issue By way of preliminary submission, the respondent contended that the claimant's employment had come to an end in May 2013 in accordance [...]

By |2019-10-18T10:25:57+00:00November 17th, 2014|Employment Appeals Tribunal Decisions November 2014, Fixed Term Workers, latest news, Litigation, Unfair Dismissal|Comments Off on Fixed Term Worker – Was backdated contract an attempt to avoid the Unfair Dismissal Acts?

Unfair Dismissal – Beware of Christmas Office Parties!

The case of John Graham v Newlands Cross Hotel t/a Bewleys Hotel Dublin Airport UD886/2012, MN 625/2012 highlights some of the difficulties which can arise at christmas office parties. In this case a confrontation occurred between the claimant and WS at the staff Christmas party on Wednesday the 5th of [...]

By |2019-10-18T10:25:57+00:00November 14th, 2014|Employment Appeals Tribunal Decisions November 2014, latest news, Unfair Dismissal|Comments Off on Unfair Dismissal – Beware of Christmas Office Parties!

Redundancy and Procedural Flaws – Pre-Prepared Signed Letter Leads to Award of €25,000

Despite numerous cases being published in respect of redundancy procedures not being carried our correctly, employers continue to make mistakes in this area. In the recently published case of LM v Galmere Fresh Foods Limited UD 493/2013, the claimant was awarded €25,000 in respect of a claim for unfair dismissal [...]

By |2019-10-18T10:25:57+00:00November 14th, 2014|Employment Appeals Tribunal Decisions November 2014, Unfair Dismissal|Comments Off on Redundancy and Procedural Flaws – Pre-Prepared Signed Letter Leads to Award of €25,000

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

Date of Dismissal is Date Statutory Notice Expires – NOT date notification of appeal decision

Many employees may be confused as to the date of dismissal for the purposes of the Unfair Dismissal Acts where they have been given the right of appeal in relation to a decision to dismiss. In Michael Gaboor v NYD Limited UD 2436/11, MN2435/11, RP2968/11 and WT 973/11 the Tribunal [...]

By |2019-10-18T10:25:59+00:00April 14th, 2014|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employment Appeals Tribunal Decisions March 2014, Investigation, latest news, Litigation, Unfair Dismissal|Comments Off on Date of Dismissal is Date Statutory Notice Expires – NOT date notification of appeal decision

Investigation and disciplinary hearing conducted by same person not fatal

In the recent case of Brendan O'Callaghan v Dunnes Stores UD 54/2012, MN 25/2012, WT 14/2012 the Employment Appeals Tribunal ruled that it could not be said that "having the investigation and disciplinary hearings conducted by the same person was a flawed and unfair procedure". Background The claimant commenced employment [...]

Constructive Dismissal – School Principal awarded €50,000

The recently reported case of Betty O'Farrell v Board of Management of St. Brigid's School UD 2199/2011 concerned a claim for constructive dismissal which the claimant ultimately won despite remaining in employment having submitted her notice in April 2011 until it became effective in August 2011. Background The claimant was [...]

By |2019-10-18T10:26:20+00:00March 5th, 2014|Appeal, Board of Management, Employment Appeals Tribunal Decisions February 2014, latest news, Litigation, Schools, Unfair Dismissal|Comments Off on Constructive Dismissal – School Principal awarded €50,000