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 [...]

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

Duffy Cahill Report – How to Avoid Another “Clery’s Situation” happening again

The recent publication of the report of two experts appointed to examine and review employee protection legislation in the context of ensuring that limited liability or restructuring are not used as a means to avoid a company's obligations to its employees was published at the end of April by Richard [...]

By |2019-10-18T10:25:27+00:00May 11th, 2016|Collective Redundancies, Consultation, Contracts of Employment, Duffy Cahill Report, Exceptional Collective Redundancies, Information and Consultation, Injunction, Litigation, Penalisation|Comments Off on Duffy Cahill Report – How to Avoid Another “Clery’s Situation” happening again

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

Redundancy and Procedural Flaws – Pre-Prepared Signed Letter Leads to Award of €25,000

Despite numerous cases being published in respect of redundancy procedures not being carried our correctly, employers continue to make mistakes in this area. In the recently published case of LM v Galmere Fresh Foods Limited UD 493/2013, the claimant was awarded €25,000 in respect of a claim for unfair dismissal [...]

By |2019-10-18T10:25:57+00:00November 14th, 2014|Employment Appeals Tribunal Decisions November 2014, Unfair Dismissal|Comments Off on Redundancy and Procedural Flaws – Pre-Prepared Signed Letter Leads to Award of €25,000

Collective Redundancies and the Dell High Court Case

The judgement in the case of Tagney & anor v Dell Products Limerick was delivered by Justice Birmingham on 26th day of June 2013. A full copy of the decision available on the courts website and we have referred extensively to extracts from the judgement below. Background The case arose [...]

By |2019-10-18T10:26:21+00:00February 26th, 2014|Collective Redundancies, Consultation, High Court, latest news, Litigation, Redundancy|Comments Off on Collective Redundancies and the Dell High Court Case

Breach of Contract – Be Wary of Voluntary Redundancy Offers

In Browne v Iarnrod Eireann Irish Rail [2013] IEHC 62, Mr. Justice Hogan in the High Court was asked to considerwhether there was a binding contract between the parties where an offer of voluntary redundancy was made. Justice Hogan delivered his judgement on 11th December 2013 and a full copy [...]

Frustration of Employment Contract – Failure to Produce Specialist Medical Evidence

The Employment appeals Tribunal recently considered the issue of frustration of contract of employment in the case of The Personal Representative in the Estate of Piotr Kobialka (Deceased) v Shannon Formwork Limited RP2562/2011, UD1985/2011 The claimant had been employed by the respondent construction company from 2000 and was absent on [...]

By |2019-10-18T10:21:03+00:00September 20th, 2013|Employment Appeals Tribunal Decisions August 2013, latest news, Litigation, Redundancy, Sick Leave, Sick Pay and Illness, Unfair Dismissal|Comments Off on Frustration of Employment Contract – Failure to Produce Specialist Medical Evidence