Unfair Dismissal – Employers Get the Basics Correct!

Time and time again we see employers make simply mistakes when dismissing an employee which end up costing them large compensation payments. The case of An Employee v An Employer ADJ00014328 is such a case. Here the employee succeeded in a claim for unfair dismissal because of a number of [...]

By |2020-06-09T10:14:02+00:00June 9th, 2020|Unfair Dismissal, Workplace Relations Act 2015, Workplace Relations Commission, Workplace Relations Commission Decisions May 2020|Comments Off on Unfair Dismissal – Employers Get the Basics Correct!

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

Bonus Payments and Allowances – Discretionary or Not?

In the recent case of Sandra Cleary, Ellen Bradley, Joyce Donovan, Angela Carmody, Joan Thompson, Anita Malone, Yvonne Masters, Maureen Andres, Brian McCarthy and James Dowdall v B&Q Ireland Limited the appellants were a number of employees of different branches of the Defendant who sought to challenge an Employment Appeals Tribunal ("EAT") [...]

By |2019-10-18T10:24:57+00:00June 21st, 2016|Appeal, Bonus, Breach of Contract, Constructive Dismissal, Deduction and Reduction, Grievance, Health and Safety, High Court, latest news, Litigation, Payment of Wages Act 1991|Comments Off on Bonus Payments and Allowances – Discretionary or Not?

Important High Court Decision on Point of Law Payment of Wages Act 1991 – Case remitted to the Employment Appeals Tribunal

The recent case of EARAGAIL EISC TEORANTA v ANN MARIE DOHERTY, BRENDAN McGINLEY, EVELYN BOYLE, GAVIN McGINLEY, GERARD HARDY, JOHN McGINLEY, JONATHAN BYRNE, JOESPH BYRNE, JOSEPH DOHERTY, KEVIN BRESLIN, LIAM GALLAGHER, MARTIN GILLESPIE, MARY GAZLEY, MARY TUBRIDY, MICHAEL J. KENNEDY, MICHAEL O’DONNELL, NIGEL O’ROURKE, ROGER McSHANE, SEAMUS DOHERTY, SINEAD HAMILTON, [...]

By |2019-10-18T10:25:28+00:00June 15th, 2015|Appeal, Contracts of Employment, Deduction and Reduction, Employment Appeals Tribunal, High Court, Labour Relations Commision, latest news, McKenzie, Payment of Wages Act 1991|Comments Off on Important High Court Decision on Point of Law Payment of Wages Act 1991 – Case remitted to the Employment Appeals Tribunal

Stokes v Christian Brothers High School – No Appeal to Supreme Court Under Section 28 of the Equal Status Act 2000

The Supreme Court recently handed down their judgement on 24th February 2015 in the case of Mary Stokes (on Behalf of John Stokes a Minor) and the Christian Brothers High School in Clonmel (Appeal Number 184/2012). The Equality Authority were Amicus Curiae in the proceedings. Background Justice Hardiman noted that [...]

By |2019-10-18T10:25:57+00:00March 9th, 2015|Appeal, Circuit Court, Discrimination, Equal status Act 2000, Equality Tribunal, High Court|Comments Off on Stokes v Christian Brothers High School – No Appeal to Supreme Court Under Section 28 of the Equal Status Act 2000

Date of Dismissal is Date Statutory Notice Expires – NOT date notification of appeal decision

Many employees may be confused as to the date of dismissal for the purposes of the Unfair Dismissal Acts where they have been given the right of appeal in relation to a decision to dismiss. In Michael Gaboor v NYD Limited UD 2436/11, MN2435/11, RP2968/11 and WT 973/11 the Tribunal [...]

By |2019-10-18T10:25:59+00:00April 14th, 2014|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employment Appeals Tribunal Decisions March 2014, Investigation, latest news, Litigation, Unfair Dismissal|Comments Off on Date of Dismissal is Date Statutory Notice Expires – NOT date notification of appeal decision

Recent High Court Decision On Penalisation under Safety Health and Welfare at Work Act 2005

In the recently published High Court case of Stobart Ireland Driver Services Limited v Keith Carroll [2013] IEHC 581, the High Court was asked to consider an appeal from a decision of the Labour Court which was given on 17th January 2013 which the appellant had brought against a Right's [...]

By |2019-10-18T10:26:22+00:00January 8th, 2014|Accident at Work, Appeal, Health and Safety, High Court, Labour Court, latest news, Litigation, Penalisation, Unfair Dismissal, Victimisation|Comments Off on Recent High Court Decision On Penalisation under Safety Health and Welfare at Work Act 2005

Unfair Dismissal and Workplace Investigation Flaws

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. Background In the case of Rachel Bermingham v Marks and Spencer Ireland UD 601/2011, MN 639/2011 the claimant was duty [...]

By |2019-10-18T10:26:23+00:00January 1st, 2014|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employee Handbook, Gross Misconduct, Investigation, latest news, Litigation, Unfair Dismissal|Comments Off on Unfair Dismissal and Workplace Investigation Flaws

A Must Read High Court Case on Fair Procedure in Disciplinary and Appeal Hearings

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 contract of employment by An Post following an alleged failure to follow security procedures in the course of a kidnap [...]

Redundancy and Unfair Selection – Importance of clear contractual terms

A recent decision of the Employment Appeals Tribunal (An Employee v An Employer UD1737/2011) highlights the importance of contractual documentation in light of any proposed redundancies. Here the claimant argued that her selection for redundancy was unfair on the basis of "LIFO" on specific sites was not mentioned in her contract of [...]

Data Protection Acts – High Court rules on limitation of damages under Section 7

The case of Collins v FBD Insurance 2012 52 CA delivered by Justice Feeney on 14th day of March 2013, concerned an appeal by the defendant from a Circuit Court order where the Court determined that the plaintiff was entitled to the sum of €15,000 damages together with costs. Background and [...]

By |2019-10-18T10:19:23+00:00April 15th, 2013|Circuit Court, data protection, High Court, Investigation, latest news, Litigation, private investigator|Comments Off on Data Protection Acts – High Court rules on limitation of damages under Section 7

Investigation and Disciplinary meeting flaws “so significant” so as to lead to finding of unfair dismissal and award of €20,000

In the recent Tribunal case of An Employee v An Employer  (UD 538/2011 and RP 749/2011) published this week, the Tribunal was asked to consider whether the Claimant was unfairly dismissed in light of an investigation and disciplinary process undertaken by the employer. Interestingly the Tribunal noted that the failure of the Claimant [...]

By |2019-10-18T10:19:24+00:00April 4th, 2013|Appeal, Contracts of Employment, Disciplinary Meetings, Employee Handbook, Employment Appeals Tribunal Decisions 3rd April 2013, latest news, Unfair Dismissal, Workplace Investigations|Comments Off on Investigation and Disciplinary meeting flaws “so significant” so as to lead to finding of unfair dismissal and award of €20,000

Misconduct did not warrant Dismissal – Award of €17,500

In a determination published today (An Employee v An Employer - UD 1454/2011, MN 1536/2011) the Employment Appeals Tribunal was asked to consider the question of gross misconduct and whether it warranted dismissal. Background The Claimant worked as a food and beverage coordinator and also usually worked as a cashier. [...]

By |2019-10-18T10:19:24+00:00April 3rd, 2013|Contracts of Employment, Employee Handbook, Employment Appeals Tribunal Decisions April 2013, Gross Misconduct, Unfair Dismissal|Comments Off on Misconduct did not warrant Dismissal – Award of €17,500

Data Protection – High Court confirms no appeal on decision of “frivolous and vexatious”

In the recently published High Court case Fox v The Office of the Data Protection Commissioner on 6th February 2013 , an issue of statutory interpretation arose whereby two letters written by the applicant to the Data Protection Commissioner on 10th December 2010 and 19th January 2011 were deemed by the Commissioner to fall [...]

By |2019-10-18T10:19:02+00:00February 20th, 2013|data protection, High Court|Comments Off on Data Protection – High Court confirms no appeal on decision of “frivolous and vexatious”

High Court confirms on appeal that employee on long term sick leave had no entitment to redundancy

In a judgement (Horan v CWS Boco Ireland Limited) delivered by Justice Murphy in the High Court in November 2012, the High Court rejected a claim by the Appellant that the Employment Appeals Tribunal had erred in law in finding that he was not entitled to a redundancy payment under the Redundancy Payments Acts. [...]

By |2019-10-18T10:19:03+00:00January 31st, 2013|Accident at Work, High Court, Labour Relations Commision, Redundancy, Sick Leave|Comments Off on High Court confirms on appeal that employee on long term sick leave had no entitment to redundancy