Constructive Dismissal – Employee Fails to avail of Mediation and Loses

Failure by an employee to avail of mediation in the case of An Electrical Supervisor v An Engineering Company ADJ 00012876 resulted in the loss of his claim for constructive dismissal under the Unfair Dismissal Acts 1977 (as amended). Constructive Dismissal v Unfair Dismissal Many employers and employees are still [...]

By |2019-10-18T10:22:56+00:00September 29th, 2019|latest news|Comments Off on Constructive Dismissal – Employee Fails to avail of Mediation and Loses

Constructive Dismissal – Importance of Grievance Procedure

Constructive Dismissal arises where an employee resigns from their job. This can be due to a breach of their contract of employment or where it was reasonable for them to resign. Constructive Dismissal is Unfair Dismissal. The key difference is that in a constructive dismissal claim the employee resigns from [...]

By |2019-10-18T10:23:24+00:00September 16th, 2019|latest news|Comments Off on Constructive Dismissal – Importance of Grievance Procedure

Constructive Dismissal – School Principal awarded €50,000

The recently reported case of Betty O'Farrell v Board of Management of St. Brigid's School UD 2199/2011 concerned a claim for constructive dismissal which the claimant ultimately won despite remaining in employment having submitted her notice in April 2011 until it became effective in August 2011. Background The claimant was [...]

By |2019-10-18T10:26:20+00:00March 5th, 2014|Appeal, Board of Management, Employment Appeals Tribunal Decisions February 2014, latest news, Litigation, Schools, Unfair Dismissal|Comments Off on Constructive Dismissal – School Principal awarded €50,000

Constructive Dismissal – Is it fatal for an employee to give notice and/or fail to engage with their employer?

The case of Mara Rybak v Matthew Hannigan T/a Hannigan Facility Services Building PW 243/2012, TE 126/2012, TU 28/2012 was delivered by the Employment Appeals Tribunal in November 2013 and published in February 2014. The cases came before the Tribunal with the employee appealing the two decisions and one recommendation [...]

By |2019-10-18T10:26:21+00:00February 24th, 2014|Annual Leave and Sick Leave, Appeal, Breach of Contract, Bullying and Harassment, Contracts of Employment, EAT Decisions February 2014, latest news, Litigation, Sick Pay and Illness, Transfer of Undertaking Regulations 2003, TUPE, Unfair Dismissal|Comments Off on Constructive Dismissal – Is it fatal for an employee to give notice and/or fail to engage with their employer?

Constructive Dismissal – Recent Caselaw from the Employment Appeals Tribunal

The recently published Employment Appeals Tribunal decisions for October again contain a number of cases in respect of constructive dismissal and the tests to be applied. In Brian Butler v Ryanair Limited UD1222/2011 the Tribunal was asked to consider whether the claimant had satisfied the test for constructive dismissal in [...]

Constructive Dismissal Claim and Impulsive Actions

In the recent case of June McGarr v Margaret & Michael Moriarty t/a Moriarty's Centra UD 1363/2011, MN 1463/2011, WT 1547/2011. the Employment Appeals Tribunal was asked to consider whether an employee who had resigned from her employment had been unfairly dismissed. Background The claimant commenced employment with the respondent [...]

By |2019-10-18T10:20:32+00:00September 12th, 2013|Constructive Dismissal, Contracts of Employment, Employee Handbook, Employment Appeals Tribunal Decisions August 2013, latest news, Litigation, Unfair Dismissal|Comments Off on Constructive Dismissal Claim and Impulsive Actions

Constructive Dismissal on Grounds of Disability & Reasonable Accommodation – Award of 18 month’s salary

The recently published case of Fergal Reilly v United Parcels Service CSTC Ireland Limited Dec-E2013-077 concerned a claim of discrimination on the ground of disability contrary to Section 6(2)(g) of the Employment Equality Acts 1998 (as amended) in terms of access to employment, failure to provide reasonable accommodation and discriminatory [...]

By |2019-10-18T10:20:32+00:00August 22nd, 2013|Constructive Dismissal, Disability Discrimination, Discrimination, Equality Tribunal Decisions July 2013, latest news, Personal Injury, Resignation, Sick Leave, Sick Pay and Illness|Comments Off on Constructive Dismissal on Grounds of Disability & Reasonable Accommodation – Award of 18 month’s salary

Constructive Dismissal – Award of €123,000 for failure to attend

A timely reminder for employers this week who fail to attend Employment Appeals Tribunal hearings. In the case of Michael Melleney v Optical Express (Southern) Limited UD 65/2013, MN1802/2011, WT 695/2011, the respondent failed to attend the hearing despite being properly notified of same. The Tribunal then proceeded to hear [...]

By |2019-10-18T10:20:34+00:00July 29th, 2013|Constructive Dismissal, Employment Appeals Tribunal Decisions July 2013, latest news, Litigation|Comments Off on Constructive Dismissal – Award of €123,000 for failure to attend

Constructive Dismissal and Unilateral Change of Contract

In a recent decision of the Employment Appeals Tribunal this week, the Tribunal were asked to consider whether the claimant was constructively dismissed in light of a unilateral alteration of her contractual terms (working week cut from five days to three days per week). The claimant commenced work at the [...]

Constructive Dismissal – Employer’s Cumulative Actions lead to breakdown of trust and confidence

In a recently published decision of the Employment Appeals Tribunal (An Employee v An Employer) UD842/2011, the Claimant successfully claimed constructive dismissal and was awarded €23,826. Background The Claimant was employed by the Respondent to carry out administration work and help outside on the farm. The Claimant stated that her main duties of employment were [...]

By |2019-10-18T10:20:11+00:00May 27th, 2013|Breach of Trust and Confidence, Constructive Dismissal, Contracts of Employment, Employment Appeals Tribunal, latest news, Unfair Dismissal|Comments Off on Constructive Dismissal – Employer’s Cumulative Actions lead to breakdown of trust and confidence

Facebook posting and demotion – English High Court rules in favour of Employee but expresses “real disquiet” about the financial award

The recent English decision of Mr Adrian Smith  v Trafford Housing Trust [2012 EWHC 3221 (Ch) delivered by Justice Briggs in November 2012 sheds further light on the explosion of social media and how it impacts on the workplace. This case is one to watch as it concerns a breach of contract action, which [...]

By |2019-10-18T10:19:25+00:00March 19th, 2013|Constructive Dismissal, Contracts of Employment, Facebook, Freedom of Expression, latest news, Privacy, social media, Unfair Dismissal|Comments Off on Facebook posting and demotion – English High Court rules in favour of Employee but expresses “real disquiet” about the financial award

Homophobic working environment leads to award of €24,000 for discrimination and victimisation

In a decision reported in the media today namely An Employee v A Credit Union, an employee was awarded €16,000 in respect of victimisation and €8,000 for discrimination whereby it was alleged he was discriminated against on the grounds of sexual orientation and that he was further victimised in this regard. [...]

By |2019-10-18T10:19:04+00:00January 23rd, 2013|Bullying and Harassment, Constructive Dismissal, Contracts of Employment, Discrimination, Employee Handbook, Equality, Equality Tribunal, Equality Tribunal Decisions December 2012, Workplace Investigations|Comments Off on Homophobic working environment leads to award of €24,000 for discrimination and victimisation

Constructive Dismissal and the onerous burden of proof

The recent case of Daniel O'Gorman v Glen Tyre Company Limited UD 2314/10 sent by the Employment Appeals Tribunal on 18th January 2013 demonstrates the high burden of proof a resigning employee must demonstrate in order to prove that they have been constructively dismissed. Interestingly in this case the Tribunal noted that [...]

Constructive Dismissal – Useful Tribunal decision summarising the law

Although there was no finding that the Claimant was constructively dismissed, it is nonetheless useful to look at the recent Employment Appeals Tribunal case of Olivia Barry v Quinn Insurance Limited UD 1775/2010 for a synopsis of the law surrounding constructive dismissal. Background The Claimant in this case commenced employment [...]

By |2019-10-18T10:17:04+00:00November 25th, 2012|Constructive Dismissal, Employment Appeals Tribunal decisions 22nd November 2012, Uncategorized, Unfair Dismissal|Comments Off on Constructive Dismissal – Useful Tribunal decision summarising the law

Successful Constructive Dismissal Claim – Tribunal question absence of witnesses to refute evidence

The case of Darren Keating v Drycon Limited UD 2007/2010 in last Thursday's roundup of Employment Appeals Tribunal cases was a successful claim by the Claimant for constructive dismissal, which as we know is a very difficult test to satisfy. Background The Claimant commenced employment as an experienced sales representative in [...]

By |2019-10-18T10:16:41+00:00September 8th, 2012|Bullying and Harassment, Constructive Dismissal, Employment Appeals Tribunal Decisions 6th September 2012, Unfair Dismissal|Comments Off on Successful Constructive Dismissal Claim – Tribunal question absence of witnesses to refute evidence