by Wendy Doyle Solicitor | Jul 29, 2020 | Labour Court, Workplace Relations Act 2015, Workplace Relations Commission, Workplace Relations Commission Decisions June 2020
The recent case of Ervia v Deaglan Healy PW/19/55 concerned an appeal by the employer (Ervia) against a Workplace Relations Commission (WRC) decision which found in favour of the employee concerning payment of a performance related award. The WRC awarded the employee... 
by Wendy Doyle Solicitor | Jul 28, 2020 | Discrimination, District Court, Equal Status Act, Equality, latest news, Litigation
In the case of A Customer v An Airline ADJ 00021710, the Complainant alleged under the Equal Status Act 2000 (as amended) that he was discriminated against on the disability ground in relation to a service provided by the Respondent Airline. The Complainant alleged... 
by Wendy Doyle Solicitor | Jul 27, 2020 | Discrimination, latest news
Landlords need to be extremely careful that they do not discriminate against tenants and/or prospective tenants in respect of the Housing Assistance Payment or HAP. Landlords should be aware that discrimination on “housing assistance grounds” is prohibited... 
by Wendy Doyle Solicitor | Jun 16, 2020 | Disciplinary Hearing, Disciplinary Meetings, Employee, Employee Handbook, latest news, Unfair Dismissal, Workplace Investigations, Workplace Relations Act 2015, Workplace Relations Commission, Workplace Relations Commission Decisions May 2020
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... 
by Wendy Doyle Solicitor | Jun 10, 2020 | Employee, Employee v Self Employed, latest news, Workplace Relations Commission, Workplace Relations Commission Decisions May 2020
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... 
by Wendy Doyle Solicitor | Jun 9, 2020 | Unfair Dismissal, Workplace Relations Act 2015, Workplace Relations Commission, Workplace Relations Commission Decisions May 2020
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... 
by Wendy Doyle Solicitor | Jun 8, 2020 | latest news, Litigation, Redundancy, Unfair Dismissal, Workplace Relations Commission Decisions May 2020
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.... by Wendy Doyle Solicitor | Jun 8, 2020 | Age Discrimination, latest news, retirement age, Workplace Relations Commission Decisions May 2020
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... 
by Wendy Doyle Solicitor | Jun 8, 2020 | latest news, Redundancy, Workplace Relations Commission, Workplace Relations Commission Decisions May 2020
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... 
by Wendy Doyle Solicitor | Jun 5, 2020 | latest news, Litigation, Redundancy, Unfair Dismissal, Workplace Relations Commission Decisions April 2020
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... 
by Wendy Doyle Solicitor | Jun 1, 2020 | Disability Discrimination, latest news, Workplace Relations Commission, Workplace Relations Commission Decisions April 2020
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... 
by Wendy Doyle Solicitor | Jun 1, 2020 | Consultation, Contracts of Employment, latest news, Redundancy, Unfair Dismissal, Workplace Relations Act 2015, Workplace Relations Commission Decisions April 2020
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... by Wendy Doyle Solicitor | May 26, 2020 | latest news, Unfair Dismissal, Workplace Relations Commission, Workplace Relations Commission Decisions April 2020
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... by Wendy Doyle Solicitor | May 25, 2020 | Appeal, Appeal Hearing, Blog, Unfair Dismissal, Workplace Relations Commission Decisions April 2020
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... 
by Wendy Doyle Solicitor | May 25, 2020 | Workplace Relations Commission Decisions April 2020
The recent case of A Childminder v Parents serves as a reminder to those employing persons in their home that the Code of Practice for Protecting Persons Employed in Other People’s Homes (2017) is applicable and that those working in domestic settings are entitled to... 
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