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 [...]

Employee v Self Employed – Employers Be Careful of Label!!

The recent May decision of A Therapist v Health Service Provider ADJ00024495 highlights some of the tests that determine whether someone is an employee or self employed. The difference is very important as the complainant or person making the complaint needs to be an employee in order to attract the [...]

By |2020-06-10T12:30:02+00:00June 10th, 2020|Employee, Employee v Self Employed, latest news, Workplace Relations Commission, Workplace Relations Commission Decisions May 2020|Comments Off on Employee v Self Employed – Employers Be Careful of Label!!

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%

Discrimination on the Grounds of Age and Retirement

Although we havent set out the detailed summary and analysis of the case of A Civil Servant v A Government Office ADJ00029165, it is a very useful summary of the law around discrimination on the grounds of age and retirement. The complainant in this case was a Higher Civil Servant [...]

By |2020-06-08T11:04:28+00:00June 8th, 2020|Age Discrimination, latest news, retirement age, Workplace Relations Commission Decisions May 2020|Comments Off on Discrimination on the Grounds of Age and Retirement

Redundancy and Suitable Alternative Employment

Unfortunately we are seeing an increase in redundancy related queries in the office and this is also evident in some of the recent cases published by the Workplace Relations Commission. In the recent May case of An Office Administrator v A Wholesaler ADJ00026271 the complainant (employee) was employed by the [...]

By |2020-06-08T10:54:11+00:00June 8th, 2020|latest news, Redundancy, Workplace Relations Commission, Workplace Relations Commission Decisions May 2020|Comments Off on Redundancy and Suitable Alternative Employment