Unfair Dismissal – Employee Compensation Reduced by 60%

Both employers and employees should take note of the recent case of PM/Complainant v A Food Producer . Here it was found that the employee was unfairly dismissed due to a redundancy procedure being fundamentally flawed including being unfairly selected for redundancy. What is interesting about this case was that [...]

By |2020-06-08T11:39:03+00:00June 8th, 2020|latest news, Litigation, Redundancy, Unfair Dismissal, Workplace Relations Commission Decisions May 2020|Comments Off on Unfair Dismissal – Employee Compensation Reduced by 60%

Redundancy and Suitable Alternative Employment

Unfortunately we are seeing an increase in redundancy related queries in the office and this is also evident in some of the recent cases published by the Workplace Relations Commission. In the recent May case of An Office Administrator v A Wholesaler ADJ00026271 the complainant (employee) was employed by the [...]

By |2020-06-08T10:54:11+00:00June 8th, 2020|latest news, Redundancy, Workplace Relations Commission, Workplace Relations Commission Decisions May 2020|Comments Off on Redundancy and Suitable Alternative Employment

Redundancy and Fair Selection Criteria

Employers, if you have two or more employees performing the same or similar role and you are considering making redundancies, it is not simply a case of "picking and choosing" which employee you wish to make redundant. You must ensure you have clear selection criteria in place and be able [...]

By |2020-06-05T15:07:21+00:00June 5th, 2020|latest news, Litigation, Redundancy, Unfair Dismissal, Workplace Relations Commission Decisions April 2020|Comments Off on Redundancy and Fair Selection Criteria

Unfair Dismissal – Award of €56,000 for Failure to Consider Alternatives to Redundancy

In the April case of a A Former Sales Manager v A Horse Products Sales Company an employee who was given insufficient time to consider an alternative role was awarded €56,000 for unfair dismissal. Whilst the employee received a letter in respect of her redundancy, it was explained that the [...]

By |2020-06-01T08:23:21+00:00June 1st, 2020|Consultation, Contracts of Employment, latest news, Redundancy, Unfair Dismissal, Workplace Relations Act 2015, Workplace Relations Commission Decisions April 2020|Comments Off on Unfair Dismissal – Award of €56,000 for Failure to Consider Alternatives to Redundancy

Redundancy – Alternative Employment Found To Be Unsuitable

In a recent case of the Workplace Relations Commission of A Cook v A Limited Company ADJ 0026299 the Complainant employee was awarded redundancy after the offer of suitable alternative employment made to her was found to be inadequate Background The Respondent (employer) closed its Dublin 14 premises, at which [...]

By |2020-05-19T12:51:58+00:00May 19th, 2020|Appeal, latest news, Redundancy, Workplace Relations Commission Decisions March 2020|Comments Off on Redundancy – Alternative Employment Found To Be Unsuitable

Redundancy Claims and Entitlements

The recent decision of A Senior Developer v A Government Department is a very useful summary of the law on redundancy and centered around the employee's claim for redundancy post liquidation of the company he worked for. The employee was involved in a dynamic start up company but ultimately was caught [...]

By |2020-04-09T09:18:11+00:00April 9th, 2020|Redundancy, Workplace Relations Act 2015, Workplace Relations Commission, Workplace Relations Commission Decisions March 2020|Comments Off on Redundancy Claims and Entitlements

Holidays and Dismissal – Recent Workplace Relations Commission case

In the case of An Engineer v A Technology Start Up the Workplace Relations Commission was asked to consider a number of questions including whether the Complainant was entitled to redundancy etc. The complainant engineer had also not taken holidays for some time and the Workplace Relations Commission considered how [...]

By |2020-04-06T13:44:28+00:00April 6th, 2020|Annual Leave, Unfair Dismissal, Workplace Relations Commission Decisions March 2020|Comments Off on Holidays and Dismissal – Recent Workplace Relations Commission case

Covid-19 – Temporary Wage Subsidy Scheme and Redundancy Act Changes

We have prepared a short summary of the key provisions of the Temporary Wage Subsidy Scheme and eligibility for redundancy after layoff. There are likely to be changes to the Bill in the coming days and we will keep you posted. Temporary Wage Subsidy Scheme and Redundancy Changes

By |2020-03-26T19:05:13+00:00March 26th, 2020|COVID-19|Comments Off on Covid-19 – Temporary Wage Subsidy Scheme and Redundancy Act Changes

COVID-19 – What is Layoff and What are My Entitlements?

We are living in unprecedented times. The following weeks and months are uncertain and many employers and employees will struggle. Whilst we will get through this, many thousands of employees are currently being laid off or placed on short time. The Redundancy Payments Act 1967 (as amended) provides that a [...]

By |2020-03-18T13:15:43+00:00March 18th, 2020|COVID-19|Comments Off on COVID-19 – What is Layoff and What are My Entitlements?

Genuine Redundancy but Flawed Procedure results in Unfair Dismissal

In the case of An Employee v A Limited Company ADJ 21251 it was held by the Workplace Relations Commission that a genuine redundancy existed however the procedure in carrying out the redundancy was flawed hence the employee succeeded in their unfair dismissal claim. The Adjudictor or Hearing Offcer noted [...]

By |2019-10-18T13:51:29+00:00October 4th, 2019|latest news|Comments Off on Genuine Redundancy but Flawed Procedure results in Unfair Dismissal

Transfer of Undertaking Regulations – Employers Beware!

Background The Complainant in this case was employed by the Respondent from the original start date 15 May 2008 to the 20 December 2018 and was working in the position of Bar Attendant.The business transferred to the Respondent by way of a transfer of undertakings on 19 December 2018.The Complainant [...]

By |2019-10-18T10:22:56+00:00September 25th, 2019|latest news|Comments Off on Transfer of Undertaking Regulations – Employers Beware!

Redundancy and Unfair Dismissal – Employers Don’t Make it Personal!!

Another recent case this month from the Workplace Relations Commission is a timely reminder to employers to ensure a redundancy is genuine and proper and fair procedure is followed. An employer should not use performance or other issues to make an employee redundant. The key to a redundancy is that [...]

By |2019-10-18T10:23:24+00:00September 23rd, 2019|latest news|Comments Off on Redundancy and Unfair Dismissal – Employers Don’t Make it Personal!!

Transfer of Undertaking Regulations For Employees

A recent article in the Irish Times this week higlights the general unease many employees feel when there is a merger or acquisition. Many are unsure if their job is safe or that a transfer may mean for them. Many simply don't understand their rights and entitlements. We have set [...]

By |2019-10-18T10:23:24+00:00September 20th, 2019|latest news|Comments Off on Transfer of Undertaking Regulations For Employees

Employment Law Case – Change of Work Location

In another recent case published by the Workplace Relations Commission in September, the employee claimed that he was owed money because his employer failed to give him work when he attended his workplace. The Workplace Relations Commission found that the employee had turned up for work and was entitled to [...]

By |2019-10-18T10:23:24+00:00September 19th, 2019|latest news|Comments Off on Employment Law Case – Change of Work Location

Discrimination On Pregnancy Grounds

In this recent case before the Workplace Relations Commission, the female employee was made redundant when 5 months pregnant. She alleged she was dismissed on the grounds of gender, family status and her maternity leave. She also argued that she was replaced by a male employee who continued to do [...]

By |2019-10-18T10:23:24+00:00September 17th, 2019|latest news|Comments Off on Discrimination On Pregnancy Grounds