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!

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

Dismissal Disability and Reasonable Accommodation – Award of Two Year’s Salary

The  recent case of A Shop Assistant v A Hardware and Tool Hire Store is very useful for summarising the law where an employee is absent on sick leave. The employee in this case made complaints in respect of bullying at work but was ultimately dismissed for failing to provide [...]

By |2020-06-01T09:03:08+00:00June 1st, 2020|Disability Discrimination, latest news, Workplace Relations Commission, Workplace Relations Commission Decisions April 2020|Comments Off on Dismissal Disability and Reasonable Accommodation – Award of Two Year’s Salary

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

Payment of Wages Act 1991 – Unlawful Deductions?

The case of a Complainant v a Respondent looked at a number of issues around deductions made from final salary and whether these were lawful. The complainant (employee)  argued that when he finished employment with his employer, over €3,000 was deducted from him unlawfully. He stated that €2350 related to [...]

By |2020-04-15T09:57:51+00:00April 15th, 2020|Blog, latest news, Payment of Wages Act 1991, Workplace Relations Commission, Workplace Relations Commission Decisions March 2020|Comments Off on Payment of Wages Act 1991 – Unlawful Deductions?

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

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

Working Time – Useful Workplace Relations Commission case

The case of A retained Firefighter v A Local Authority is a very useful (and detailed) summary of the law in Ireland around working time under the Organisation of Working Time Act 1997 ( as amended) and related regulations. In this case the Complainant was a Retained Firefighter and lived [...]

By |2020-04-02T19:13:24+00:00April 2nd, 2020|Firefighters, latest news, Organisation of Working Time Act 1997, Workplace Relations Commission|Comments Off on Working Time – Useful Workplace Relations Commission case

Discrimination On the Grounds of Gender – Objective Justification

In this case the claimant alleged he was discriminated against by Westwood Fitness Club by being refused access to a "female only" section of the gym. The gym's position was that the claimant was refused because some female gym members were of muslim faith and their religion prohibited them from [...]

By |2019-10-18T14:31:05+00:00October 7th, 2019|Discrimination, Equal status Act 2000, latest news, Workplace Relations Commission|Comments Off on Discrimination On the Grounds of Gender – Objective Justification

Protected Disclosures or “Whistleblowing” and Penalisation

In the recent cases published by the Workplace Relations Commission, the employee or Complainant in this case was awarded €2,500 for penalisation following the making of a "protected disclosure" under the Protected Disclosures Act 2014. The Act aims to protect people who raise concerns about possible wrongdoing in the workplace [...]

By |2019-10-18T10:22:56+00:00September 25th, 2019|Blog, latest news, Protected Disclosures Act 2014, Workplace Relations Commission|Comments Off on Protected Disclosures or “Whistleblowing” and Penalisation

Working Time – Is An Employee On Call Working?

A recent case this month from the Workplace Relations Commission dealt with this issue. In this case a firefighter argued he was on call 24 hours a day, 7 days a week and that this should be considered "working time" for the purposes of the Organisation of Working Time Act [...]

By |2019-10-18T10:23:23+00:00September 23rd, 2019|Contracts of Employment, latest news, Organisation of Working Time Act 1997, Workplace Relations Act 2015, Workplace Relations Commission|Comments Off on Working Time – Is An Employee On Call Working?

Employment and Equality Law Free Guide

The Workplace Relations Commission have published a very useful guide to employment and equality law for employers and employees who may wish to understand their obligations and rights. A copy of the link can be found here https://www.workplacerelations.ie/en/publications_forms/guide_to_employment_labour_and_equality_law_18.pdf

By |2019-10-18T10:23:24+00:00September 10th, 2019|Employee, latest news, News Article, Workplace Relations Commission|Comments Off on Employment and Equality Law Free Guide

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