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Unfair Dismissal and Fixed Term Contracts – Maternity Leave Does Not Extend Expiry Date of Fixed Term Contract

In a recent decision from the  Labour Court ( AKINA DADA WA AFRICA v CLAUDIA HOREAU)  in January 2021, the question arose as to whether there was an actual contract of employment in place at the date of dismissal. The employee argued that that she was still an...
Protected Disclosure – Labour Court Considers Recent Case

Protected Disclosure – Labour Court Considers Recent Case

The recent case of Northside Security Services Company Limited by Guarantee and Mr. Patrick Dunne concerned an appeal by the employee (Mr Dunne) in respect of a previous decision by the Workplace Relations Commission which found that Mr Dunne had not been penalised...
Constructive Dismissal and “TUPE – Employers Beware of Changing Terms and Conditions

Constructive Dismissal and “TUPE – Employers Beware of Changing Terms and Conditions

The case of a Fast Food Manager v A Fast Food Outlet highlights some of the problems which can arise where there is a transfer of a business or part of a business to a new employer and the employee’s terms and conditions are subsequently changed. This may...

Unfair Dismissal- Employee Loses Case Due to Failure to Contact Employer During Sick Leave

In the case of A Porter v A Hospital ADJ-00027151 the employee argued that he had been unfairly dismissed on the grounds of gross misconduct. It was alleged by the employer that the employee had failed to keep in touch with his employer during an absence of 20 weeks,...
Discrimination on the Grounds of Race and Harassment – Employee awarded €10,000

Discrimination on the Grounds of Race and Harassment – Employee awarded €10,000

The case of Savilla Teixeira Godinho v Rmc Promotions Limited Templeogue Afterschool Academy ADJ-00025205 concerned a claim for discrimination and harassment on the grounds of race by a Brazilian employee (the claimant). Background The claimant in this case was...
Unfair Dismissal – Employers beware of Resignations

Unfair Dismissal – Employers beware of Resignations

The case of A Restaurant Manager v A Restaurant Chain ADJ-00026723 concerned a case of constructive dismissal whereby the employee argued that he was dismissed from his employment at the end of a disciplinary process which crossed over with a request to move him to a...
Redundancy and Fair Selection – Employer Beware Award of €60,000 to Employee

Redundancy and Fair Selection – Employer Beware Award of €60,000 to Employee

The recent case of A Complainant v A Hotel ADJ-00026127 is a salutary lesson for employers to ensure fair selection criteria and procedures are followed when making a role redundant. The employee in this case was awarded €60,000 Background In this case the complainant...
Constructive Dismissal and Bad References

Constructive Dismissal and Bad References

The case of An Office Administrator and A Manufacturer ADJ-00026208 is interesting insofar as it asks the question of whether it is reasonable for an employee to resign their position on foot of an unfavourable reference given by their employer to a prospective...