Suspension, Gross Misconduct and Unfair Dismissal

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 [...]

Unfair Dismissal – Employers Get the Basics Correct!

Time and time again we see employers make simply mistakes when dismissing an employee which end up costing them large compensation payments. The case of An Employee v An Employer ADJ00014328 is such a case. Here the employee succeeded in a claim for unfair dismissal because of a number of [...]

By |2020-06-09T10:14:02+00:00June 9th, 2020|Unfair Dismissal, Workplace Relations Act 2015, Workplace Relations Commission, Workplace Relations Commission Decisions May 2020|Comments Off on Unfair Dismissal – Employers Get the Basics Correct!

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

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 [...]

By |2020-06-01T08:23:21+00:00June 1st, 2020|Consultation, Contracts of Employment, latest news, Redundancy, Unfair Dismissal, Workplace Relations Act 2015, Workplace Relations Commission Decisions April 2020|Comments Off on Unfair Dismissal – Award of €56,000 for Failure to Consider Alternatives to Redundancy

Unfair Dismissal and Award of €36,400 – A Timely Reminder for Employers

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 [...]

By |2020-05-26T16:41:14+00:00May 26th, 2020|latest news, Unfair Dismissal, Workplace Relations Commission, Workplace Relations Commission Decisions April 2020|Comments Off on Unfair Dismissal and Award of €36,400 – A Timely Reminder for Employers

Unfair Dismissal and Reinstatement for Nurse in recent Workplace Relations Commission Case

This recent case of A Nurse v A Hospital  concerned the dismissal of a nurse who was employed in a specialist long term unit. It was alleged that an elderly vulnerable resident was left unsupervised in an unsuitable chair and restrained there and that this was a breach of the [...]

By |2020-05-25T21:20:40+00:00May 25th, 2020|Appeal, Appeal Hearing, Blog, Unfair Dismissal, Workplace Relations Commission Decisions April 2020|Comments Off on Unfair Dismissal and Reinstatement for Nurse in recent Workplace Relations Commission Case

Failure to Pay Wages Lead to Unfair Dismissal

The recent case of An Employee v An Academic Instititution ADJ-00021244 highlights the dangers for an employer of presuming that an employee has resigned or intends to resign. In this case the employer stopped paying the employee thus leading to the end of the contract of employment. The Adjudicator at [...]

By |2020-05-20T17:49:49+00:00May 20th, 2020|Blog, Contracts of Employment, Unfair Dismissal, Workplace Relations Commission Decisions April 2020|Comments Off on Failure to Pay Wages Lead to Unfair Dismissal

Holidays and Dismissal – Recent Workplace Relations Commission case

In the case of An Engineer v A Technology Start Up the Workplace Relations Commission was asked to consider a number of questions including whether the Complainant was entitled to redundancy etc. The complainant engineer had also not taken holidays for some time and the Workplace Relations Commission considered how [...]

By |2020-04-06T13:44:28+00:00April 6th, 2020|Annual Leave, Unfair Dismissal, Workplace Relations Commission Decisions March 2020|Comments Off on Holidays and Dismissal – Recent Workplace Relations Commission case

Drug and Alcohol Testing – Unfair Dismissal Claim

The recent case of A Driver v A Building Supplies Company is a useful summary of the law in respect of dismissal for breach of a Company Drug and Alcohol Testing Policy. In this case, the complainant employee was dismissed after failing a random drug and alcohol test. He was [...]

By |2020-04-02T16:47:52+00:00April 2nd, 2020|Drug and Alcohol Testing, latest news, Unfair Dismissal|Comments Off on Drug and Alcohol Testing – Unfair Dismissal Claim

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