Suspension, Gross Misconduct and Unfair Dismissal

The May case of A Human Resources Practitioner v A Marketing Company ADJ00020660 is a very useful summary of the law around dismissal on the grounds of conduct. In this case the employee was dismissed on the grounds of misconduct after an investigation was conducted into "the irregularity in the [...]

Unfair Dismissal – Employers Get the Basics Correct!

Time and time again we see employers make simply mistakes when dismissing an employee which end up costing them large compensation payments. The case of An Employee v An Employer ADJ00014328 is such a case. Here the employee succeeded in a claim for unfair dismissal because of a number of [...]

By |2020-06-09T10:14:02+00:00June 9th, 2020|Unfair Dismissal, Workplace Relations Act 2015, Workplace Relations Commission, Workplace Relations Commission Decisions May 2020|Comments Off on Unfair Dismissal – Employers Get the Basics Correct!

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 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

Unfair Dismissal and Award of €36,400 – A Timely Reminder for Employers

A General Operative v A Distributor is a recent case before the Workplace Relations Commission which highlights the failures of an employer to follow proper and fair procedure. A litany of failures was reported in this case. The employer (Respondent) in this case alleged that the employee (complainant) presented with [...]

By |2020-05-26T16:41:14+00:00May 26th, 2020|latest news, Unfair Dismissal, Workplace Relations Commission, Workplace Relations Commission Decisions April 2020|Comments Off on Unfair Dismissal and Award of €36,400 – A Timely Reminder for Employers

Failure to Pay Wages Lead to Unfair Dismissal

The recent case of An Employee v An Academic Instititution ADJ-00021244 highlights the dangers for an employer of presuming that an employee has resigned or intends to resign. In this case the employer stopped paying the employee thus leading to the end of the contract of employment. The Adjudicator at [...]

By |2020-05-20T17:49:49+00:00May 20th, 2020|Blog, Contracts of Employment, Unfair Dismissal, Workplace Relations Commission Decisions April 2020|Comments Off on Failure to Pay Wages Lead to Unfair Dismissal

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

Drug and Alcohol Testing – Unfair Dismissal Claim

The recent case of A Driver v A Building Supplies Company is a useful summary of the law in respect of dismissal for breach of a Company Drug and Alcohol Testing Policy. In this case, the complainant employee was dismissed after failing a random drug and alcohol test. He was [...]

By |2020-04-02T16:47:52+00:00April 2nd, 2020|Drug and Alcohol Testing, latest news, Unfair Dismissal|Comments Off on Drug and Alcohol Testing – Unfair Dismissal Claim

Unfair Dismissal and Gross Misconduct

In this case an employee was dismissed on the spot for his intimidatory behaviour and refusal to follow a workplace instruction. The employee lodged a claim for unfair dismissal and the Adjudicator (person hearing the case) noted “…….it is the function of the Adjudicator to assess what a reasonable employer, [...]

By |2020-02-19T15:53:55+00:00November 8th, 2019|latest news|Comments Off on Unfair Dismissal and Gross Misconduct

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

Drug and Alcohol Testing At Work – Fair Dismissal

The issue of drug and alcohol testing in the workplace is challenging for employers to enforce however the following case demonstrates that the employer was entitled to dismiss the employee where cannabis was found in his system. The key to the dismissal being fair was that the employee worked in [...]

By |2020-02-19T15:54:30+00:00October 23rd, 2019|latest news|Comments Off on Drug and Alcohol Testing At Work – Fair Dismissal

Unfair Dismissal Justified for Facebook Posts

In this recent case before the Workplace Relations Commission, the claimant argued that her dismissal from the Nursing Home was disproportionate and unfair. In essence this means that she felt "the punishment did not fit the crime" and her employer should have considered another sancition or penalty other than dismissal. [...]

By |2019-10-18T13:52:33+00:00October 8th, 2019|latest news|Comments Off on Unfair Dismissal Justified for Facebook Posts

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

Unfair Dismissal – No Compensation for Losses on Certified Sick Leave

The case of A General Operative v An Automotive Company ADJ 00017942 is a timely reminder that if an employee is unfit for work, no loss arises under the Unfair Dismissal Act 1977 (as amended). Although the employee in this case won the claim for unfair dismissal, he had been [...]

By |2019-10-18T10:22:56+00:00September 29th, 2019|latest news|Comments Off on Unfair Dismissal – No Compensation for Losses on Certified Sick Leave