by Wendy Doyle Solicitor | Feb 2, 2021 | fixed term contract, Fixed Term Workers, Labour Court, latest news, maternity leave, Unfair Dismissal, Workplace Relations Commission, Workplace Relations Commission Decisions January 2021
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... 
by Wendy Doyle Solicitor | Jan 18, 2021 | Labour Court, latest news, Litigation, protected disclosure, Protected Disclosures Act 2014, relevant wrongdoing, Workplace Relations Commission Decisions January 2021
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... by Wendy Doyle Solicitor | Dec 3, 2020 | Redundancy, Unfair Dismissal, Workplace Relations Commission Decisions October 2020
The recent case of Trinity College Dublin and Iftikhar Ahmad concerned an appeal by the employer to the Labour Court in respect of a Workplace Relations Commission decision concerning unfair dismissal. This case dealt with the issue of redundancy, fixed term contracts... 
by Wendy Doyle Solicitor | Dec 2, 2020 | Unfair Dismissal, Workplace Relations Commission Decision October 2020
It is a fundamental concept of employment law that an employee is entitled to natural justice and fair procedure in respect of any termination of employment. These principles include basic rights such as a thorough independent investigation where allegations are made... 
by Wendy Doyle Solicitor | Nov 19, 2020 | Constructive Dismissal, Contracts of Employment, latest news, Transfer of Undertaking Regulations 2003, TUPE, Unfair Dismissal, Workplace Relations Commission Decisions September 2020
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... by Wendy Doyle Solicitor | Nov 18, 2020 | latest news, Sick Leave, Unfair Dismissal, Workplace Relations Commission Decisions September 2020
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,... 
by Wendy Doyle Solicitor | Nov 12, 2020 | Health and Safety Law, latest news, Workplace Relations Commission Decision October 2020
The case of A Worker v A Cleaning Company ADJ-00023945 concerned a complaint made by an employee who argued that his hours of work were reduced and his work location was changed due to raising health and safety concerns at work. Background The claimant employee in... 
by Wendy Doyle Solicitor | Nov 11, 2020 | Discrimination, Discrimination Race, Employee, Equality, Harassment, latest news, race, Schools, Workplace Relations Commission, Workplace Relations Commission Decision October 2020
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... 
by Wendy Doyle Solicitor | Nov 10, 2020 | Appeal, Appeal Hearing, Constructive Dismissal, Contracts of Employment, latest news, Unfair Dismissal, Workplace Relations Commission Decisions September 2020
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... 
by Wendy Doyle Solicitor | Nov 5, 2020 | Insolvency, latest news, Liquidation
In today’s blog post we will look at the area of Liquidations which can take a number of forms such as (a) Member’s Voluntary Liquidation (b) Creditor’s Voluntary Liquidation and (c) Court Ordered Liquidation. (a) Member’s Voluntary Liquidation... 
by Wendy Doyle Solicitor | Nov 5, 2020 | Redundancy, Settlement Agreements, Unfair Dismissal, Workplace Relations Commission Decisions September 2020
The recent case of Sales Manager v Equine Nutrition Providers ADJ-00023216 is a very useful summary of the law on redundancy and unfair dismissal. Background The Complainant worked for eight years for the Respondent Company and his employment was terminated by way of... 
by Wendy Doyle Solicitor | Nov 4, 2020 | latest news
In our blog post yesterday, we looked at the area of examinerships and today we will consider the area of Receiverships and how they apply in the context of insolvency arrangements. Again for ease of reading we have set out below some key questions and issues to... 
by Wendy Doyle Solicitor | Nov 4, 2020 | latest news, Redundancy, Selection Procedures Redundancy, Sexual Harassment, Workplace Relations Commission Decisions September 2020
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... 
by Wendy Doyle Solicitor | Nov 3, 2020 | Constructive Dismissal, Unfair Dismissal, Workplace Relations Act 2015, Workplace Relations Commission, Workplace Relations Commission Decisions September 2020
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... 
by Wendy Doyle Solicitor | Nov 3, 2020 | Examinership, Insolvency
As outlined in our blog post yesterday, today we are looking at Examinership and what it means for companies. For ease of reading we have set out some of the key points in bullet format. What is Examinership? In essence examinership is a court managed restructuring...
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