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

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 [...]

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 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

Failure to conduct “open minded” and “full” investigation leads to award of €65,000

The case of Michael Morales v Carton Bros UD 835/2011 is interesting as it sets out in detail the steps required to carry out a proper and fair investigation where dismissal for conduct is an issue. The Tribunal also looked at fair procedures and whether the sanction imposed lay within [...]

By |2019-10-18T10:17:03+00:00January 2nd, 2013|Employment Appeals Tribunal decision dated 20th December 2012, Investigation|Comments Off on Failure to conduct “open minded” and “full” investigation leads to award of €65,000

Disciplinary Procedures costs employer €23,000 – inclusion in contract is “unreasonable if not illegal”

Amongst the decisions issues by the Employment Appeals Tribunal this week concerned the case of Jane Mangan v Clontarf Creche Limited UD 955/2011. Background The Respondent in this case had been operating a crèche and Montessori school for over twenty years and employed the Claimant as a child care assistant in May 2004. [...]

By |2019-10-18T10:16:39+00:00November 17th, 2012|Employment Appeals Tribunal Decisions 15th November 2012, latest news, Uncategorized|Comments Off on Disciplinary Procedures costs employer €23,000 – inclusion in contract is “unreasonable if not illegal”

Pregnancy related dismissal – Tribunal notes “Respondent’s procedures were defective and could be said to be crude”

In the case of Aylamba Chocken v The Fitzpatrick Club Limited UD 1992/2010, MN 1993/2010 sent on 23rd August 2010, it was alleged that the Claimant, a casino dealer/croupier, had been dismissed without notice when she became pregnant after being employed by the Respondent from 27th August 2009 to 29th April 2010. The [...]

By |2019-10-18T10:16:20+00:00August 29th, 2012|Employment Appeals Tribunal Decisions 23rd August 2012, Pregnancy at Work, Unfair Dismissal|Comments Off on Pregnancy related dismissal – Tribunal notes “Respondent’s procedures were defective and could be said to be crude”

EAT Decisions sent 02.08.12 – Claimant not unfairly dismissed but Tribunal critical of Ryanair’s procedures at investigation meeting

The decision of Davide Colli v Ryanair Limited UD 193/2010 sent last week makes for interesting reading. The case concerned the dismissal of the Claimant as a result of the carrying out of an audit on the performance by the Claimant of his duties as No. 1 Cabin Crew or Cabin Crew Supervisors. [...]