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 [...]

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 [...]

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

Constructive Dismissal – Employee Fails to avail of Mediation and Loses

Failure by an employee to avail of mediation in the case of An Electrical Supervisor v An Engineering Company ADJ 00012876 resulted in the loss of his claim for constructive dismissal under the Unfair Dismissal Acts 1977 (as amended). Constructive Dismissal v Unfair Dismissal Many employers and employees are still [...]

By |2019-10-18T10:22:56+00:00September 29th, 2019|latest news|Comments Off on Constructive Dismissal – Employee Fails to avail of Mediation and Loses

Unfair Dismissal – Retirement Unfair and Employee Permitted to Work Until Age 70

In a case published this month, the Labour Court overturned a decision of the Workplace Relations Commission and found that the employee was unfairly dismissed by virtue of him turning 66 and that he should be reinstated to his former position and be allowed to work until age 70. A [...]

By |2019-10-18T10:22:56+00:00September 25th, 2019|latest news|Comments Off on Unfair Dismissal – Retirement Unfair and Employee Permitted to Work Until Age 70

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

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

Unfair Dismissal – Procedural Fairness and Right to Legal Representation

Useful unfair dismissal decision re arguments of procedural unfairness, right to legal representation etc. Complainant was employed by respondent's Special Compliance Branch and involved in sale of cigarettes from Poland on Facebook which had no duty paid https://www.workplacerelations.ie/en/search/?decisions=1&from=14/05/2019&to=17/06/2019

By |2019-10-18T10:23:47+00:00June 17th, 2019|Appeal Hearing, latest news, Unfair Dismissal, Workplace Relations Commission|Comments Off on Unfair Dismissal – Procedural Fairness and Right to Legal Representation