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

Landlord and Tenant – Residential Tenancies (Amendment)Act 2019

The Residential Tenancies (Amendment) Act 2019 was recently enacted and amends the Residential Tenancies Acts 2004 to 2016. The aim of the Act is to (a) provide for powers to carry out investigations of landlords and impose administrative sanctions; (b) to provide for offences in relation to non-compliance with rent [...]

By |2019-10-18T10:23:47+00:00June 4th, 2019|latest news|Comments Off on Landlord and Tenant – Residential Tenancies (Amendment)Act 2019

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 [...]

Investigation and disciplinary hearing conducted by same person not fatal

In the recent case of Brendan O'Callaghan v Dunnes Stores UD 54/2012, MN 25/2012, WT 14/2012 the Employment Appeals Tribunal ruled that it could not be said that "having the investigation and disciplinary hearings conducted by the same person was a flawed and unfair procedure". Background The claimant commenced employment [...]

Investigation, Fair Procedure, Defamation and the “Ultra Vires” Rule

The recent case of Byrne v Irish Sports Council [2013] IEHC 438 concerned the issue of whether the Sports Council had acted ultra vires in respect of the appointment of a third party to investigate allegations against a Council member. Background The applicant was well known in sports including recently [...]

By |2019-10-18T10:21:03+00:00October 24th, 2013|Appeal, Appeal Hearing, data protection, Defamation, High Court, latest news, Litigation, Workplace Investigations|Comments Off on Investigation, Fair Procedure, Defamation and the “Ultra Vires” Rule

Fair Dismissal for Breach of Trust and Confidence

Many of the decisions reported by the Employment Appeals Tribunal result in findings of unfair dismissal and we thought for a change we would post a decision which found in favour of the employer. In the case of Willie Callaghan v Enable Ireland Disability Services Limited UD 355/2012 the claimant [...]

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

Workplace Investigation – Flawed Enquiry leads to Finding of Unfair Dismissal

The case of An Employee v An Employer (UD 2413/2009) posted today serves again as a reminder to employers to ensure any workplace investigations are carried out in accordance with proper and fair procedure. Although the award was relatively small in this case (approximately €10,000) the Tribunal was particularly critical of the enquiry [...]

By |2019-10-18T10:19:23+00:00April 9th, 2013|Employment Appeals Tribunal Decisions 8th April 2013, latest news, Unfair Dismissal, Workplace Investigations|Comments Off on Workplace Investigation – Flawed Enquiry leads to Finding of Unfair Dismissal

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

Unfair Dismissal and the question of proportionality

The case of Mark Devlin v Ladbroke (Ireland) Limited UD442/2011 reported this week by the Employment Appeals Tribunal again demonstrates the key principle that any dismissal must be proportionate to the alleged misconduct. Background In this case the Respondent bough three shops from company S and the Claimant worked in one of these shops, [...]

By |2019-10-18T10:18:40+00:00January 20th, 2013|Appeal Hearing, Employment Appeals Tribunal decisions 18th January 2013, Unfair Dismissal|Comments Off on Unfair Dismissal and the question of proportionality

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!

Workplace Investigations – Part Two

Following on from my blog post on Tuesday I now propose to look at some of the areas which trouble employers most in this difficult area. Before looking at some of the practical problems which can arise, we are frequently asked whether legal representation is permitted during workplace and other investigations and in [...]

Workplace Investigations – Part One

The demand for investigations in the workplace is growing and continues to cause employers headaches in terms of both the time and indeed the cost including management time expended in the carrying out of same. Unfortunately many workplace investigations continue to be conducted in a haphazard fashion culminating in those carrying out the investigation ending up in [...]

By |2019-10-18T10:17:03+00:00January 8th, 2013|Workplace Investigations|Comments Off on Workplace Investigations – Part One