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The following link contains some excellent advice from Doctor Harry Barry and Enda Murphy on the recent Sean O’Rouke show. https://www.rte.ie/brainstorm/2020/0103/1104112-are-you-putting-up-with-a-toxic-workplace/

Breach of Trust and Unfair Dismissal

14 Jan 2020

The recent case of a Business Manager v A Skills and Training Company is very useful in addressing a number of important issues such as the bond of trust between...

Constructive Dismissal and Workplace Stress

13 Jan 2020

Constructive dismissal cases are generally very difficult to win as the onus or burden of proof is on the employee to show that it was reasonable for them to resign...

Disciplinary Process Criticised by Workplace Relations Commission

13 Jan 2020

In a recent case before the Workplace Relations Commission, the Adjudicator was extremely critical of the lack of procedure afforded by the employer to the employee in respect of a...

Cyberbullying and Online Safety

10 Jan 2020

Minister Bruton has published the general scheme of the Online Safety and Media Regulation Bill, to protect children online and will deal with matters such as cyber bullying and the...

Performance Issues and Unfair Dismissal

09 Jan 2020

A recent case from the Workplace Relations Commission in December 2019 deals with the issue of performance and unfair dismissal. Here an employee was dismissed for failing to reach company...

Compromise or Settlement Agreements

08 Jan 2020

08 Nov 2019

This case highlights a very basic but important point in unfair dismissal claims that there has to be an actual dismissal for a claim to arise. In this case there...

Unfair Dismissal – Employer Beware of Who Makes Decision to Dismiss

07 Nov 2019

In this case the employer appealed a decision of the Workplace Relations Commission to the Labour Court which had awarded the complainant employee €4,000. The Labour Court upheld the dismissal...

GDPR – Data Breach Trends -One Year On

23 Oct 2019

The Office of the Data Protection Commissioners has published trends in data breaches since GDPR first came into force on 25 May 2018. One issue of note identified by the...

Drug and Alcohol Testing At Work – Fair Dismissal

14 Oct 2019

25 Sep 2019

In a case published this month, the Labour Court overturned a decision of the Workplace Relations Commission and found that the employee was unfairly dismissed by virtue of him turning...

Protected Disclosure v Grievance

25 Sep 2019

This case highlights the need for an employee to show that they have in fact made a “protected disclosure” as defined under the Protected Disclosures Act 2014. It also highlights...

Transfer of Undertaking Regulations – Employers Beware!

25 Sep 2019

Background The Complainant in this case was employed by the Respondent from the original start date 15 May 2008 to the 20 December 2018 and was working in the position...

Protected Disclosures or “Whistleblowing” and Penalisation

Another recent case this month from the Workplace Relations Commission is a timely reminder to employers to ensure a redundancy is genuine and proper and fair procedure is followed. An...

Transfer of Undertaking Regulations For Employees

20 Sep 2019

A recent article in the Irish Times this week higlights the general unease many employees feel when there is a merger or acquisition. Many are unsure if their job is...

Employment Law Case – Change of Work Location

19 Sep 2019

In another recent case published by the Workplace Relations Commission in September, the employee claimed that he was owed money because his employer failed to give him work when he...

Discrimination On Pregnancy Grounds

17 Sep 2019

In this recent case before the Workplace Relations Commission, the female employee was made redundant when 5 months pregnant. She alleged she was dismissed on the grounds of gender, family...

Discrimination and Reasonable Accommodation

17 Sep 2019

In this case the employee claimed that her employer had failed to accommodate or help her in respect of her disability. The Workplace Relations Commission observed that her employer showed...

Discrimination and Disability at Work

16 Sep 2019

In this case, it was held that an employer discriminated against their employee on the grounds of disability. The employee was awarded €20,000. The employee was transferred to another position...

Constructive Dismissal – Importance of Grievance Procedure

16 Sep 2019

23 Aug 2019

Very useful checklist published by the Data Protection Commissioners and highlighted in the the Law Society Gazette in respect of a data breach checklist https://www.lawsociety.ie/gazette/top-stories/data-breach-checklist-issued-by-data-protection-commissioners/

Discrimination on the Grounds of Gender

In this case it was found that a prison officer had been discriminated against on the grounds of gender and an award of €20,000 was made along with other recommendations...

Payment of Wages and Unlawful Deduction

Useful summary of the law on deduction from wages by an employer. Here it was found that an employer illegally deducted the cost of a clutch in a car from...

Paternity Leave Request Results in Dismissal

In recent WRC decision it was found that an employee’s request for paternity leave may have resulted in his dismissal. The claim was taken under the Industrial Relations Acts where...

Online Harassment and Communications

The Committee on Justice and Equality is inviting written submissions from stakeholders and interested parties on the issues of online harassment, harmful communications and related offences. A full copy of...

The Organisation of Working Time (Workers Rights and Bogus Self Employment)(Amendment) Bill 2019

17 Jun 2019

The Government has published the Organisation of Working Time (Workers Rights and Bogus Self Employment)(Amendment) Bill 2019. The aim of the Bill is to amend the Organisation of Working Time...

Unfair Dismissal – Procedural Fairness and Right to Legal Representation

17 Jun 2019

22 May 2018

The Data Protection Commissioner’s office has recently published a report entitled “Data Protection Investigation in the Hospitals Sector”. A full copy of the report is available to view here. The report...

Protection of Employment (Measures to Counter False Self-Employment) Bill 2018

20 Feb 2018

22 Aug 2017

The Workplace Relations Commission have recently published a series of decisions in respect of the hot topic of “forced” retirement of employees at the age of 66. In the case...

Pensions (Amendment) Bill 2017 – Defined Benefit Schemes must reach minimum funding standard before Employers Allowed to Close

02 Feb 2017

The publication of the Pensions (Amendment) Bill 2017 is to be welcomed this week with the aim of preventing solvent companies from walking away and reneging on their pension obligations...

Retrospective Vetting – Section 21 of the National Vetting Bureau (Children and Vulnerable Persons) Acts – Application Deadline 31st December 2017

19 Jan 2017

Under the terms of the National Vetting Bureau (Children and Vulnerable Persons) Acts, 2012-2016 (“the Acts”), all persons who are employed in positions where they have regular access to children...

Debt Collection – Decrease in Interest Rate on Judgement Debts

17 Jan 2017

The Courts Act 1981 (Interest on Judgement Debts) Order 2016 (Statutory Instrument No. 624 of 2016) came into operation on 1 January 2017. The rate of interest payable on judgement...

Privacy and Electronic Communications – European Commission proposes new legislation

16 Jan 2017

A full copy of the press release is available to view here. According to the Press Release, “The proposed Regulation on Privacy and Electronic Communications will increase the protection of...

Health and Safety – European Commission launches initiative to better protect the health and safety of workers

16 Jan 2017

30 May 2016

The recent case of Walsh v Tesco Ireland Limited 2016 IEHC 322 resulted in an award of 1.4m for the plaintiff and is interesting insofar as the court looked in...

The Posting of Workers Directive – Proposed Changes

17 May 2016

The European Commission has recently published a proposed revision of the rules on the posting of workers which aims to revise Directive 96/71 (“Posting of Workers Directive”). It will include...

Workplace Relations Commission – Strategy Statement 2016-2018

14 May 2016

The Minister for Jobs, Enterprise and Innovation Richard Bruton TD recently launched the first Strategy Statement of the Workplace Relations Commission.Among the targets and objectives set by the strategy, covering...

Duffy Cahill Report – How to Avoid Another “Clery’s Situation” happening again

11 May 2016

The recent publication of the report of two experts appointed to examine and review employee protection legislation in the context of ensuring that limited liability or restructuring are not used...

Judicial Review in An Garda Siochana Internal Disciplinary and Ongoing Suspension

10 May 2016

In the case of Canavan v The Commissioner of An Garda Siochana [2016 IEHC 225] , the applicant sought by way of judicial review an order of prohibition preventing the respondent...

Data Protection – Is an Exam Script Personal Data?

09 May 2016

The recent case of Peter Nowak v The Data Protection Commissioner [2016 IESC 18] asks the interesting question of whether an exam script is personal data for the purposes of the...

Hello world!

13 Apr 2016

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18 Jan 2016

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Law and order exist for the purpose of establishing justice and when they fail in this purpose they become the dangerously structured dams that block the flow of social progress.

Martin Luther King, Jr.

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18 Jan 2016

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27 Mar 2014

01 Jan 2014

In the latest series of Employment Appeals Tribunal determinations from December, we look at finding of unfair dismissal where the respondent employer failed to carry out a proper workplace investigation....

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Government Publishes Cyberbullying Bill 2013

18 Nov 2013

The Government published the Cyberbullying Bill 2013 last week with a view to tackling the ever-growing problem of bullying online or cyber bullying. A link to the Bill is available...

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13 Nov 2013

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12 Nov 2013

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12 Nov 2013

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11 Nov 2013

Always do your best. What you plant now, you will harvest later.

Oga Mandino

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10 Nov 2013

09 Oct 2013

The recent case of Patrick Kinsella v Irish Prison Service UD 1120/2011 MN 1212/2011 concerned a claim for unfair dismissal where the claimant had been dismissed due to his attendance...

10 Sep 2013

Many of the decisions reported by the Employment Appeals Tribunal result in findings of unfair dismissal and we thought for a change we would post a decision which found in...

08 Aug 2013

The recent case of Kelleher v An Post, High court, Peart J on 16th May of this year [2013] IEHC 238, 2012 No. 9604P concerned the termination of a postmaster’s...

Nihilne te nocturnu

03 Aug 2013

10 Oct 2012