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

Workplace Relations Act 2015 – No.16 of 2015

The Workplace Relations Act 2015 has recently been signed into law and is one of the most important pieces of legislation to come into the employment law arena in recent years. The Act is intended to make provision with respect to the resolution, mediation and adjudication of disputes and complaints [...]

By |2019-10-18T10:25:28+00:00June 3rd, 2015|Employment Appeals Tribunal, Equality Tribunal, Labour Relations Commission, latest news, Litigation, Workplace Relations Act 2015|Comments Off on Workplace Relations Act 2015 – No.16 of 2015

High Court reaffirms meaning of “Public Servants” under FEMPI (No.2) Act

The recent case of Damhnaic Nic Bhradaig and the Employment Appeals Tribunal [2014 No. 423 MCA) concerned a new point of law brought under Section 7(4)(b) of the Payment of Wages Act 1991 concerning a decision of the Employment Appeals Tribunal with regard to the applicability of the Financial Emergency [...]

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

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 [...]

Interesting Employment Appeals Tribunal Case On Duplication of Proceedings

The recent Employment Appeals Tribunal case of Beverley Morgan v Irish Horse Welfare Trust Limited UD53/2012. WT 13/2012, MN 24/2014 is a useful synopsis of the law in respect of both parallel proceedings before the Employment Appeals Tribunal and the High Court and the powers of the Tribunal in this [...]

TUPE – What is all about? – Part 1

In our first blog in the series, we thought it would be useful to start with the "basics" in respect of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 ("the Regulations") or "TUPE" as they are more commonly known. The Regulations came into operation on 11th [...]

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

Employee v Self Employed – Issues of Control, Tax, PRSI and Mutuality of Obligation

We are often asked to advise on whether a person is an employee (engaged under a "contract of services") or self employed (engaged under a "contract for services"). The designation is important for a number of reasons including the entitlement of a person to claim employment rights and tax issues [...]

By |2019-10-18T10:20:33+00:00July 31st, 2013|Contracts of Employment, Employee v Self Employed, Employment Appeals Tribunal Decisions July 2013, latest news, Litigation, Unfair Dismissal|Comments Off on Employee v Self Employed – Issues of Control, Tax, PRSI and Mutuality of Obligation

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 – 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

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

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