Unfair Dismissal – Employer Beware of Who Makes Decision to Dismiss

In this case the employer appealed a decision of the Workplace Relations Commission to the Labour Court which had awarded the complainant employee €4,000. The Labour Court upheld the dismissal as unfair as the person who took the decision to dismiss the employee in the company also had a complaint [...]

By |2020-02-19T15:54:07+00:00November 7th, 2019|latest news|Comments Off on Unfair Dismissal – Employer Beware of Who Makes Decision to Dismiss

Unfair Dismissal – How to Dismiss for Misconduct

Employers take note! Very useful summary of law on dismissal on grounds of misconduct. Here the employee was dismissed due to misconduct. He consistently failed to attend work and comply with the Company's sick-leave policy. The Workplace Relations Commission found his dismisal to be reasonable given his behaviour, his length [...]

By |2019-10-18T10:23:24+00:00September 16th, 2019|latest news|Comments Off on Unfair Dismissal – How to Dismiss for Misconduct

Dismissal Due to Long Term Sick Leave – Useful Decision of Workplace Relations Commission

Attached is a link to a useful recent decision of the WRC in relation to the dismissal of an employee on long term sick leave. In this case the employee had been absent on sick leave for a total of eighteen months. His GP had furnished his employer with a [...]

By |2019-10-18T10:24:31+00:00January 19th, 2018|latest news, Litigation, Sick Leave, Unfair Dismissal|Comments Off on Dismissal Due to Long Term Sick Leave – Useful Decision of Workplace Relations Commission

Unfair Dismissal – Failure to Allow Return to Work after Sick Leave leads to Award €50,000

In the recently published case of Colin Carrick v Dublin Stevedores Limited (UD831/2013) the claimant was awarded €50,000. Background The claimant was employed as Assistant to Operations Manager from September 2001 for the respondent who operated cargo handling at Dublin Port. His father has set up the company with JN [...]

By |2019-10-18T10:25:58+00:00November 6th, 2014|EAT Decisions November 2014, Sick Leave, Unfair Dismissal|Comments Off on Unfair Dismissal – Failure to Allow Return to Work after Sick Leave leads to Award €50,000

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 [...]

Unfair Dismissal, Sick Leave and Failure to Avail of Counselling Services

The recent case of Patrick Kinsella v Irish Prison Service UD 1120/2011 MN 1212/2011 concerned a claim for unfair dismissal where the claimant had been dismissed due to his attendance record and his ability to provide a reliable service going forward. Background and Preliminary Issue The claimant commenced employment on [...]

By |2019-10-18T10:21:03+00:00October 9th, 2013|Contracts of Employment, Employment Appeals Tribunal Decisions August 2013, latest news, Sick Leave, Sick Pay and Illness, Unfair Dismissal|Comments Off on Unfair Dismissal, Sick Leave and Failure to Avail of Counselling Services

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