Discriminatory Dismissal – Award of 6 Months Salary for Pregnancy Dismissal

In the case of A Community Development Officer v A Family Resource Centre the Complainant (employee) alleged that she as dismissed on the grounds of gender due to pregnancy. The Complainant commenced employed as a part-time Community Development / Family Support worker on 1st November 2016. At the commencement of [...]

By |2020-04-14T10:27:58+00:00April 14th, 2020|Blog, Disciplinary Hearing, Disciplinary Meetings, Discrimination, latest news, Maternity, Maternity Rights, Pregnancy at Work, Sick Leave, Workplace Relations Commission, Workplace Relations Commission Decisions March 2020|Comments Off on Discriminatory Dismissal – Award of 6 Months Salary for Pregnancy Dismissal

Judicial Review Refused in Respect of Disciplinary Action and Original Findings of Board of School of Management

In the recent case of Dillon v Board of Management of Catholic University School [2016 IEHC 674] Justice Twomey was asked to consider a challenge by way of Judicial Review to a finding by the Board of Management of the Respondent of 24th February 2015 whereby it was found that [...]

By |2019-10-18T10:24:54+00:00January 12th, 2017|Alternative Dispute Resolution, Appeal, Blog, Board of Management, Disciplinary Hearing, Disciplinary Meetings, Grievance, High Court, Judicial Review, Schools|Comments Off on Judicial Review Refused in Respect of Disciplinary Action and Original Findings of Board of School of Management

Judicial Review in An Garda Siochana Internal Disciplinary and Ongoing Suspension

In the case of Canavan v The Commissioner of An Garda Siochana [2016 IEHC 225] , the applicant sought by way of judicial review an order of prohibition preventing the respondent from continuing a process of internal disciplinary against him including various declaratory orders which he contended related to the inordinate [...]

By |2019-10-18T10:25:27+00:00May 10th, 2016|An Garda Siochana, Appeal, Disciplinary Hearing, Disciplinary Meetings, Garda Siochana (Discipline) Regulations 2007, Gross Misconduct, Investigation, latest news, Litigation, Supreme Court|Comments Off on Judicial Review in An Garda Siochana Internal Disciplinary and Ongoing Suspension

Recent High Court Case on Bullying in the Workplace

Justice O'Neill delivered the recent judgement in Ruffley -v- Board of Management St. Anne's School [2014 IEHC 235] on the 9th day of May 2014. This case concerned bullying and harassment and a full copy of the judgement is available here. Background The plaintiff in this case claimed damages for [...]

Disciplinary Proceedings and An Garda Siochana – Recent High Court Decision

The recent case of John Wilson v Superintenddent Sean Farrell, Chief Superintendent Patrick McGee, the Commissioner of an Garda Siochana Ireland has attracted a lot of media attention since the whistleblowing controversy hit the media. The judgement of Justice O'Malley was delivered by the High Court on 11th April, 2014 [...]

By |2019-10-18T10:25:59+00:00May 6th, 2014|Appeal, Appeal Hearing, Contracts of Employment, Disciplinary Hearing, Disciplinary Meetings, Garda Siochana (Discipline) Regulations 2007, High Court, Investigation, Judicial Review, latest news, Litigation|Comments Off on Disciplinary Proceedings and An Garda Siochana – Recent High Court Decision

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

Unfair Dismissal and Flawed Procedures – Mistake Did Not Justify Dismissal

The recent case of Salma Ayouby v Marks & Spencers Ireland Limited UD 731/2012 illustrates the importance of proper and fair procedure when terminating employment. Here an employee was dismissed for gross misconduct who had overpaid a customer in a transaction involving a gift card and credit voucher. It is [...]

By |2019-10-18T10:21:02+00:00October 30th, 2013|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employee Handbook, Employment Appeals Tribunal Decisions October 2013, Grievance, Investigation, latest news, Litigation, Unfair Dismissal, Workplace Investigations|Comments Off on Unfair Dismissal and Flawed Procedures – Mistake Did Not Justify Dismissal

Judicial Review, Board of Management of School and Disciplinary Action

The case of Kelly -v- Board of Management of St Joseph's National School, Valleymount, Co Wicklow [2013] IEHC 392 concerned an application for judicial review and dealt with a series of issues including disciplinary processes and appeals procedures. Background The applicant in this case was the principal of St. Joseph's [...]

By |2019-10-18T10:20:32+00:00September 16th, 2013|Appeal, Appeal Hearing, Board of Management, Disciplinary Hearing, Disciplinary Meetings, Judicial Review, latest news, Litigation, Schools|Comments Off on Judicial Review, Board of Management of School and Disciplinary Action

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 [...]

Unfair Dismissal and Restrictive Covenants – €25,000 award for failure to inform employee breach could lead to dismissal

In the recent case of An Employee v An Employer UD 510/2011, the Claimant alleged that he had been unfairly dismissed as a result of breaching a restrictive covenant in his contract of employment. Background In this case the Claimant was employed as a leisure centre manager from October 2008 to [...]

By |2019-10-18T10:20:11+00:00May 8th, 2013|Appeal, Appeal Hearing, Contracts of Employment, Disciplinary Meetings, Employment Appeals Tribunal Decisions 3rd April 2013, Gross Misconduct, Restrictive Covenant, Restrictive Covenants, Unfair Dismissal|Comments Off on Unfair Dismissal and Restrictive Covenants – €25,000 award for failure to inform employee breach could lead to dismissal

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

Victimisation – Labour Court considers if dismissal a reactive response to complaints made

We are often asked what is meant by victimisation and the case of Monaghan County Council v Roy Mackarel Determination Number ED 1213 from 2012 gives us some answers. Here the Labour Court noted that "the burden of proving the absence of victimisation rests with the Respondent in accordance with [...]

By |2019-10-18T10:19:03+00:00February 7th, 2013|Appeal Hearing, Discrimination, Equality Tribunal, Labour Court, Religious Discrimination, Unfair Dismissal, Victimisation, Workplace Investigations|Comments Off on Victimisation – Labour Court considers if dismissal a reactive response to complaints made

Disciplinary Process & Workplace Investigation – High Court refuses to interfere as part of application for injunctive relief

In the decision of Laffoy J in Cribbin v PLC Ingredients Limited & Anor delivered on 3rd October 2012,  the High Court refused to interfere in an investigation process as part of an application for injunctive relief. We have referred extensively to extracts from the judgement of Justice Laffoy below and a link is provided to [...]

By |2019-10-18T10:19:03+00:00February 4th, 2013|Confidental Information, Contracts of Employment, Employee Handbook, High Court, Injunction, private investigator, Workplace Investigations|Comments Off on Disciplinary Process & Workplace Investigation – High Court refuses to interfere as part of application for injunctive relief

Workplace Investigations – Top Questions Asked

We have outlined below some of the most frequently asked questions we come across during workplace investigations. Over a series of recent blog posts we have highlighted some of the recent case-law in this complex area and we now turn our attention to the more practical challenges out there. Always remember no two [...]

By |2019-10-18T10:17:02+00:00January 18th, 2013|Bullying and Harassment, Grievance, Investigation, Workplace Investigations|Comments Off on Workplace Investigations – Top Questions Asked

Workplace Investigations and costly mistakes!

To date we have looked at some of the key principles in conducting a fair workplace investigation and we now turn our attention to the consequences of conducting an unfair workplace investigation. As outlined below, a number of costly lessons were learned and whilst some of the mistakes seem fundamental, [...]

By |2019-10-18T10:17:03+00:00January 14th, 2013|Bullying and Harassment, High Court, Investigation, Workplace Investigations|Comments Off on Workplace Investigations and costly mistakes!