Revenue Tax Guide Update

For those interested, Revenue have published a useful guide to the Taxes Consolidated Act 1997 which has been updated to take account of the changes made by the Finance Act 2019. A copy of the link can be found here This note is intended to be a guide only and [...]

By |2020-02-19T15:52:46+00:00January 7th, 2020|latest news|Comments Off on Revenue Tax Guide Update

Employee v Self Employed

In a recently published case of the Workplace Relations Commission, it was decided that a GP was in fact an employee (contract of service) and not self employed (contract for service). The case concerned the complainant looking for a statement of their terms and conditions of employment or contract pursuant [...]

By |2020-02-19T15:52:56+00:00January 7th, 2020|latest news|Comments Off on Employee v Self Employed

Unfair Dismissal – Investigations and Fact Finding

The following decision of the Workplace Relations Commission is a very useful summary in respect of procedural deficiencies in a unfair dismissal claim. This case concerned the dismissal of an Special Needs Assistant (SNA) in a school due to allegations concerning drugs however the school made a number of mistakes [...]

By |2020-02-19T15:53:06+00:00January 6th, 2020|latest news|Comments Off on Unfair Dismissal – Investigations and Fact Finding

Redundancy and Unfair Dismissal

Time and time again decisions are published in respect of redundancies which are either (a) not genuine and/or (b) proper and fair procedure is not followed. This results in an unfair dismissal. In the case listed below, an employee was in essence “made redundant” for for raising a workplace grievance. [...]

By |2020-02-19T15:53:17+00:00January 6th, 2020|latest news|Comments Off on Redundancy and Unfair Dismissal

Employment Law – Equal Status and Discrimination

In this case, the Complainant submitted that he has been subjected to discrimination on the grounds of gender, civil status and family status contrary to the Equal Status Acts in relation to the Respondent or School’s decision to proceed with the enrolment of his daughter in school despite the fact [...]

By |2020-02-19T15:53:29+00:00January 6th, 2020|latest news|Comments Off on Employment Law – Equal Status and Discrimination

Unfair Dismissal – Date of Dismissal?

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 was ambiguity around whether a text message sent by the CEO of the company to the employee was in fact [...]

By |2020-02-19T15:53:42+00:00November 8th, 2019|latest news|Comments Off on Unfair Dismissal – Date of Dismissal?

Unfair Dismissal and Gross Misconduct

In this case an employee was dismissed on the spot for his intimidatory behaviour and refusal to follow a workplace instruction. The employee lodged a claim for unfair dismissal and the Adjudicator (person hearing the case) noted “…….it is the function of the Adjudicator to assess what a reasonable employer, [...]

By |2020-02-19T15:53:55+00:00November 8th, 2019|latest news|Comments Off on Unfair Dismissal and Gross Misconduct

Unfair Dismissal – Employer Beware of Who Makes Decision to Dismiss

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 as unfair as the person who took the decision to dismiss the employee in the company also had a complaint [...]

By |2020-02-19T15:54:07+00:00November 7th, 2019|latest news|Comments Off on Unfair Dismissal – Employer Beware of Who Makes Decision to Dismiss

GDPR – Data Breach Trends -One Year On

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 DPC is that, of the breach notifications received in the first year, a total of 13% failed to satisfy the [...]

By |2020-02-19T15:54:17+00:00October 23rd, 2019|latest news|Comments Off on GDPR – Data Breach Trends -One Year On

Drug and Alcohol Testing At Work – Fair Dismissal

The issue of drug and alcohol testing in the workplace is challenging for employers to enforce however the following case demonstrates that the employer was entitled to dismiss the employee where cannabis was found in his system. The key to the dismissal being fair was that the employee worked in [...]

By |2020-02-19T15:54:30+00:00October 23rd, 2019|latest news|Comments Off on Drug and Alcohol Testing At Work – Fair Dismissal

Equal Status Act 2000 – Notification Requirements

The following case is very important for those seeking to make a complaint under the Equal Status Act 2000 concerning discrimination in the provision of services. The case makes it clear that the person making the complaint must notify the other party of their intention to make a complaint within [...]

By |2020-02-19T15:54:40+00:00October 14th, 2019|latest news|Comments Off on Equal Status Act 2000 – Notification Requirements

Parent’s Leave and Benefit Bill 2019

The Government has recently published the Parent's Leave and Benefit Bill 2019. The purpose of the Bill is to provide Bill certain employees (who are relevant parents in relation to a child) to two week's employment leave for the purposes of enabling them to provide, or assist in the provision [...]

By |2020-02-05T14:25:08+00:00October 9th, 2019|latest news|Comments Off on Parent’s Leave and Benefit Bill 2019

Unfair Dismissal Justified for Facebook Posts

In this recent case before the Workplace Relations Commission, the claimant argued that her dismissal from the Nursing Home was disproportionate and unfair. In essence this means that she felt "the punishment did not fit the crime" and her employer should have considered another sancition or penalty other than dismissal. [...]

By |2019-10-18T13:52:33+00:00October 8th, 2019|latest news|Comments Off on Unfair Dismissal Justified for Facebook Posts

Unfair Dismissal and Gross Misconduct

The recently published case of A Warehouse Supervisor v A Logistics Company reiterates the general principles of natural justice and fair procedure in effecting a dismissal. Of interest are the comments from the Adjudicator in respect of the length of time it took the employer to issue the dismissal letter [...]

By |2019-10-18T10:21:31+00:00October 7th, 2019|latest news|Comments Off on Unfair Dismissal and Gross Misconduct

Employee v Self Employed

A recently published case of the Workplace Relations Commission is a simple reminder to employers to have any working relationship properly documented. Here the claimant sought payment for 11 weeks work. A contract of employment was drawn up at the outset but not signed. The employer sought to argue that [...]

By |2019-10-18T10:21:31+00:00October 7th, 2019|latest news|Comments Off on Employee v Self Employed