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

Pensions – Top 5 “Should Ask” Questions for Employers

An article in the Irish Times today highlights the worrying lack of knowledge around pensions in Ireland. It got us thinking about workplace relations and how little many employees and employers know. Many employees know very little around their rights and entitlements when it comes to pensions. Many sign up [...]

By |2019-10-18T10:23:23+00:00September 23rd, 2019|latest news|Comments Off on Pensions – Top 5 “Should Ask” Questions for Employers

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

UK High Court Enforces 12 month Restrictive Covenant Clause

In the recent UK case of Romero Insurance Brokers v Templeton [2013] EWHC 1198 (QB) the UK High Court was asked to consider a number of questions including the enforceability of a 12 month restrictive covenant. A copy to the decision is found here. Background The defendant in this case, [...]

By |2019-10-18T10:26:20+00:00March 3rd, 2014|Confidental Information, Constructive Dismissal, High Court, Injunction, Insurance, latest news, Litigation, Redundancy, Restrictive Covenant, Restrictive Covenants, Unfair Dismissal, Wrongful Dismissal|Comments Off on UK High Court Enforces 12 month Restrictive Covenant Clause

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

Unfair Dismissal – Award of €25,000 for lack of fair procedure

In a recent claim for unfair dismissal (An Employee v An Employer UD 211/2011, MN 207/2011) the Tribunal awarded the Claimant €25,000 taking into account her contribution to the dismissal. In particular the Tribunal noted the lack of fair procedure afforded to the Claimant prior to her dismissal. Background The Claimant [...]

By |2019-10-18T10:19:24+00:00April 8th, 2013|Appeal, Appeal Hearing, Contracts of Employment, Employee Handbook, Employment Appeals Tribunal Decisions 8th April 2013, Grievance, latest news, Unfair Dismissal|Comments Off on Unfair Dismissal – Award of €25,000 for lack of fair procedure

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

Retirement and Discrimination on the Grounds of Age – Award of €5,000

Reported in this month's Irish Employment Law Journal is the interesting case of Sweeny v Aer Lingus Teo (DEC-E2013-135) which was delivered on October 23rd 2012. A link to the decision is found here. The dispute concerns a claim by Ms Elizabeth Sweeny that she was subjected to discriminatory treatment by the [...]

By |2019-10-18T10:19:24+00:00April 2nd, 2013|Age Discrimination, Discrimination, Equality, Equality Tribunal, Equality Tribunal Decisions December 2012, pensions|Comments Off on Retirement and Discrimination on the Grounds of Age – Award of €5,000

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

High Court Injunction – Plaintiff claims damages not adequate remedy where loss of salary

In the recent High court case of Octavio Hernandez v Vodafone Ireland Limited [2013 1496P] delivered on 21st February 2013, Justice Laffoy was asked to consider an application for interlocutory injunctions restraining the defendant, (the plaintiff’s former employer) from (a) actively preventing the plaintiff from engaging in a new employment contract with [...]

By |2019-10-18T10:19:25+00:00March 18th, 2013|Competition Law, Contracts of Employment, High Court, Injunction, Intellectual Property, Litigation, Restrictive Covenant, Restrictive Covenants|Comments Off on High Court Injunction – Plaintiff claims damages not adequate remedy where loss of salary

Wrongful Dismissal and Redundancy – High Court considers breach of contract action

In a judgement delivered on 31st January 2013 in Treacy v Irish Packaging Recycling Limited [2013] IEHC 41, Justice Laffoy considered whether the defendant was liable for breach of contract in respect of how the plaintiff was dismissed. Background The Plaintiff commenced employment with Greyhound Recycling & Recovery in September 2008 as a [...]

Unfair Dismissal – Employment Appeal Tribunal jurisidction to hear claim – Employee v Self Employed

In the recent decision of Eamonn McCotter v Quinn Insurance Group UD 242/2011; RP290/2011 the Employment Appeals Tribunal considered the question of whether it had jurisdiction to hear the Claimant's unfair dismissal/redundancy claim in circumstances where the Respondent argued that the Claimant was not an employee. Although the conclusion reached by the Tribunal is of [...]

By |2019-10-18T10:19:02+00:00February 19th, 2013|Contracts of Employment, Employee v Self Employed, Unfair Dismissal|Comments Off on Unfair Dismissal – Employment Appeal Tribunal jurisidction to hear claim – Employee v Self Employed

Victimisation results in award of 18 months salary for teacher before Equality Tribunal

The issue of discrimination in the workplace including victimisation continues to dominate workplaces including schools and in this regard it is worth revisiting the case of A Female Teacher (Complainant) v Board of Management of a Secondary School (Respondent) DEC-E/2012/103 published by the Equality Tribunal last summer which concerned the difficult issue of [...]

By |2019-10-18T10:19:03+00:00February 18th, 2013|Bullying and Harassment, Contract of Indefinite Duration, Discrimination, Equality, Equality Tribunal, Investigation, Schools, Sexual Harassment, Victimisation|Comments Off on Victimisation results in award of 18 months salary for teacher before Equality Tribunal

Fixed Term Workers, Contracts of Indefinite Duration and an Order for Re-engagement

The recent case of HSE and Abdel Raouf Sallam FTC/12/19 delivered on 17th January 2013 concerned an appeal by the Claimant Dr Abdel Raouf Sallam against a decision of a Rights Commissioner in his claims against the Health Service Executive ("HSE") concerning infringements of sections 6, 8, 9, 10 and 13 of the Protection [...]

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 – Part One

The Government recently published the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 ("the Act) as passed by both houses of the Oireachtas. The aim of the Act is to make provision for the protection of children and vulnerable persons and to provide for the establishment and maintenance of [...]

By |2019-10-18T10:19:04+00:00January 28th, 2013|Contracts of Employment, National Vetting Bureau (Children and Vulnerable Persons) Act 2012|Comments Off on National Vetting Bureau (Children and Vulnerable Persons) Act 2012 – Part One