Unfair Dismissal and Settlement Agreements – Tribunal rules it “vital” for an employee to seek advice before signing

In a recent case before the Employment Appeals Tribunal, Kerrigan v Smurfit Kappa Ireland Limited (UD 1921/2011) the employee appealed against a recommendation of a Rights Commissioner (ref r-105234-ud11 JOC,) under the Unfair Dismissal Act 1977 (as amended). The case is interesting insofar as it reiterates again the importance of allowing [...]

By |2019-10-18T10:25:57+00:00March 30th, 2015|Employment Appeals Tribunal Decisions January 2015, Redundancy, Settlement Agreements, Unfair Dismissal|Comments Off on Unfair Dismissal and Settlement Agreements – Tribunal rules it “vital” for an employee to seek advice before signing

Unfair Dismissal and Reinstatement due to disproportionate sanction

In Weveron Da Silva v Kepak  the Claimant was employed by the Respondent from 2002 to 2010 and was dismissed for abusive objectionable and threatening behaviour towards his manager. A subsequent investigation was undertaken by a Human Resouces supervisor on foot of an email received by him stating that the Claimant [...]

Unfair Dismissal Caselaw Digest

In a round-up of last weeks Employment Appeals Tribunal decisions, a brief digest is outlined below. Although there were no specific awards to highlight, nonetheless employers should pay close attention to the consistent findings of unfair dismissal being made concerning failure to have proper procedures in place or indeed following them when [...]

By |2019-10-18T10:17:04+00:00November 27th, 2012|Employment Appeals Tribunal decisions 22nd November 2012, Unfair Dismissal|Comments Off on Unfair Dismissal Caselaw Digest

Redundancy and unfair selection – claim for unfair dismissal fails

The case of Oliver Flanagan v Castlethorn Construction UD 145/2010 concerned a claim for unfair dismissal on the basis that the Claimant was unfairly selected for redundancy and that his role was not redundant at all as the work was being done by other employees. Although the case merely re-iterates ongoing principles [...]

“Sham” redundancy of CEO leads to award of €30,000

The issue of a "sham" redundancy led to the award of €30,000 in the recent case of Marian Lovett v The Temple Bar Gallery and Studios Limited UD 284/2011. In the determination sent last week, it was reported that due to a reduction in public funding which the Respondent relied [...]

By |2019-10-18T10:16:40+00:00October 22nd, 2012|EAT Decisions 19th October 2012, Redundancy, Unfair Dismissal|Comments Off on “Sham” redundancy of CEO leads to award of €30,000

Redundancy – Tribunal looks at the “reasonable employer” test

In the case of Emma Thompson Sauvage v Gerard Kennedy UD 242/2010 published yesterday, the Employment Appeals Tribunal looked at redundancy and considered what a reasonable employer would have done in the circumstances. Background In this case the Respondent was in the business of making repairs to crash vehicles. The Claimant [...]

By |2019-10-18T10:16:40+00:00October 12th, 2012|Employment Appeals Tribunal Decisions 11th October 2012, Redundancy, Uncategorized, Unfair Dismissal|Comments Off on Redundancy – Tribunal looks at the “reasonable employer” test

Redundancy – Claimant’s request for guaranteed six months employment in alternative role rejected

In the case of Anna Kuranova v G4s Security Services UD526/2010 sent last week by the Employment Appeals Tribunal email service, the Claimant's claim for unfair dismissal was rejected by the Tribunal. The Respondent was a security company that supplied support services to clients such as security, reception, cleaning and mailroom duties. [...]