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 [...]

Working Time – Useful Workplace Relations Commission case

The case of A retained Firefighter v A Local Authority is a very useful (and detailed) summary of the law in Ireland around working time under the Organisation of Working Time Act 1997 ( as amended) and related regulations. In this case the Complainant was a Retained Firefighter and lived [...]

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 [...]

Employee v Self Employed

A recently published case of the Workplace Relations Commission is a simple reminder to employers to have any working relationship properly documented. Here the claimant sought payment for 11 weeks work. A contract of employment was drawn up at the outset but not signed. The employer sought to argue that [...]

By |2019-10-18T10:21:31+00:00October 7th, 2019|latest news|Comments Off on Employee v Self Employed

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

Protected Disclosure v Grievance

This case highlights the need for an employee to show that they have in fact made a "protected disclosure" as defined under the Protected Disclosures Act 2014. It also highlights the difference between a workplace concern or grievance and a protected disclosure. In this case it was held that the [...]

By |2019-10-18T10:22:56+00:00September 25th, 2019|latest news|Comments Off on Protected Disclosure v Grievance

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!

Can an Employer deduct professional fees paid on behalf of an employee?

In this month's decisions from the Workplace Relations Commission, a trainee accountant alleged that her employer had made an unlawful deduction from her salary in respect of examination fees when she resigned from her job. The employer in this case stated that the claimant's resignation was in breach of her [...]

By |2019-10-18T10:23:23+00:00September 23rd, 2019|latest news|Comments Off on Can an Employer deduct professional fees paid on behalf of an employee?

Working Time – Is An Employee On Call Working?

A recent case this month from the Workplace Relations Commission dealt with this issue. In this case a firefighter argued he was on call 24 hours a day, 7 days a week and that this should be considered "working time" for the purposes of the Organisation of Working Time Act [...]

By |2019-10-18T10:23:23+00:00September 23rd, 2019|Contracts of Employment, latest news, Organisation of Working Time Act 1997, Workplace Relations Act 2015, Workplace Relations Commission|Comments Off on Working Time – Is An Employee On Call Working?

Discrimination and Reasonable Accommodation

In this case the employee claimed that her employer had failed to accommodate or help her in respect of her disability. The Workplace Relations Commission observed that her employer showed a lot of goodwill towards her but they had made some mistakes in how they managed their illness. The employee [...]

By |2019-10-18T10:23:24+00:00September 17th, 2019|latest news|Comments Off on Discrimination and Reasonable Accommodation

Constructive Dismissal – Importance of Grievance Procedure

Constructive Dismissal arises where an employee resigns from their job. This can be due to a breach of their contract of employment or where it was reasonable for them to resign. Constructive Dismissal is Unfair Dismissal. The key difference is that in a constructive dismissal claim the employee resigns from [...]

By |2019-10-18T10:23:24+00:00September 16th, 2019|latest news|Comments Off on Constructive Dismissal – Importance of Grievance Procedure

Employment and Equality Law Free Guide

The Workplace Relations Commission have published a very useful guide to employment and equality law for employers and employees who may wish to understand their obligations and rights. A copy of the link can be found here https://www.workplacerelations.ie/en/publications_forms/guide_to_employment_labour_and_equality_law_18.pdf

By |2019-10-18T10:23:24+00:00September 10th, 2019|Employee, latest news, News Article, Workplace Relations Commission|Comments Off on Employment and Equality Law Free Guide

Fixed Term Contracts – Non Renewal, Unfair Dismissal and Pregnancy

In a recent Workplace Relations Commission (WRC) decision in August, an employee was found to have been unfairly dismissed by a creche due to pregnancy. The employee was awarded six months' financial loss as compensation. The WRC also held that non-renewal of a fixed-term contract of the pregnant woman amounted [...]

By |2019-10-18T10:23:25+00:00September 3rd, 2019|latest news|Comments Off on Fixed Term Contracts – Non Renewal, Unfair Dismissal and Pregnancy

Protection of Employment (Measures to Counter False Self-Employment) Bill 2018

The Government has recently published the Protection of Employment (Measures to Counter False Self-Employment) Bill 2018. The purpose of the Bill according to the draft is to declare the relationship between employer and employee to be a status relationship, to declare the question whether an individual is an employee or [...]

By |2019-10-18T10:23:48+00:00February 20th, 2018|Blog, Employee, Employee v Self Employed, latest news, Litigation, Protection of Employment (Measures to Counter False Self-Employment) Bill 2018, Self Employed|Comments Off on Protection of Employment (Measures to Counter False Self-Employment) Bill 2018

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