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Workplace Relations Commission – Be Wary of Time Limits in Lodging Complaints

Workplace Relations Commission – Be Wary of Time Limits in Lodging Complaints

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...
Suspension, Gross Misconduct and Unfair Dismissal

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...
Employee v Self Employed – Employers Be Careful of Label!!

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

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...
Unfair Dismissal – Award of €56,000 for Failure to Consider Alternatives to Redundancy

Unfair Dismissal – Award of €56,000 for Failure to Consider Alternatives to Redundancy

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...