Employee v Self Employed – Employers Be Careful of Label!!

The recent May decision of A Therapist v Health Service Provider ADJ00024495 highlights some of the tests that determine whether someone is an employee or self employed. The difference is very important as the complainant or person making the complaint needs to be an employee in order to attract the [...]

By |2020-06-10T12:30:02+00:00June 10th, 2020|Employee, Employee v Self Employed, latest news, Workplace Relations Commission, Workplace Relations Commission Decisions May 2020|Comments Off on Employee v Self Employed – Employers Be Careful of Label!!

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!

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

Dismissal Disability and Reasonable Accommodation – Award of Two Year’s Salary

The  recent case of A Shop Assistant v A Hardware and Tool Hire Store is very useful for summarising the law where an employee is absent on sick leave. The employee in this case made complaints in respect of bullying at work but was ultimately dismissed for failing to provide [...]

By |2020-06-01T09:03:08+00:00June 1st, 2020|Disability Discrimination, latest news, Workplace Relations Commission, Workplace Relations Commission Decisions April 2020|Comments Off on Dismissal Disability and Reasonable Accommodation – Award of Two Year’s Salary

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

Childminders and Code of Practice for Protecting Persons Employed in Other Person’s Homes

The recent case of A Childminder v Parents serves as a reminder to those employing persons in their home that the Code of Practice for Protecting Persons Employed in Other People’s Homes (2017) is applicable and that those working in domestic settings are entitled to the same employment law protections [...]

By |2020-05-25T20:36:35+00:00May 25th, 2020|Workplace Relations Commission Decisions April 2020|Comments Off on Childminders and Code of Practice for Protecting Persons Employed in Other Person’s Homes

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

Redundancy – Alternative Employment Found To Be Unsuitable

In a recent case of the Workplace Relations Commission of A Cook v A Limited Company ADJ 0026299 the Complainant employee was awarded redundancy after the offer of suitable alternative employment made to her was found to be inadequate Background The Respondent (employer) closed its Dublin 14 premises, at which [...]

By |2020-05-19T12:51:58+00:00May 19th, 2020|Appeal, latest news, Redundancy, Workplace Relations Commission Decisions March 2020|Comments Off on Redundancy – Alternative Employment Found To Be Unsuitable

Payment of Wages Act 1991 – Unlawful Deductions?

The case of a Complainant v a Respondent looked at a number of issues around deductions made from final salary and whether these were lawful. The complainant (employee)  argued that when he finished employment with his employer, over €3,000 was deducted from him unlawfully. He stated that €2350 related to [...]

By |2020-04-15T09:57:51+00:00April 15th, 2020|Blog, latest news, Payment of Wages Act 1991, Workplace Relations Commission, Workplace Relations Commission Decisions March 2020|Comments Off on Payment of Wages Act 1991 – Unlawful Deductions?

Discriminatory Dismissal – Award of 6 Months Salary for Pregnancy Dismissal

In the case of A Community Development Officer v A Family Resource Centre the Complainant (employee) alleged that she as dismissed on the grounds of gender due to pregnancy. The Complainant commenced employed as a part-time Community Development / Family Support worker on 1st November 2016. At the commencement of [...]

By |2020-04-14T10:27:58+00:00April 14th, 2020|Blog, Disciplinary Hearing, Disciplinary Meetings, Discrimination, latest news, Maternity, Maternity Rights, Pregnancy at Work, Sick Leave, Workplace Relations Commission, Workplace Relations Commission Decisions March 2020|Comments Off on Discriminatory Dismissal – Award of 6 Months Salary for Pregnancy Dismissal

Discrimination on the Grounds of Race – Compensation

The recent case of A Night Porter v A Hotel  dealt with a claim of discrimination on the grounds of race, in relation to training and conditions of employment. The complainant (employee) also contended that he was harassed and victimised and subject to discriminatory dismissal for opposing discrimination. The complainant [...]

By |2020-04-09T11:29:57+00:00April 9th, 2020|Bullying and Harassment, Discrimination, Employee Handbook, Grievance, latest news, Workplace Relations Commission Decisions March 2020|Comments Off on Discrimination on the Grounds of Race – Compensation

Redundancy Claims and Entitlements

The recent decision of A Senior Developer v A Government Department is a very useful summary of the law on redundancy and centered around the employee's claim for redundancy post liquidation of the company he worked for. The employee was involved in a dynamic start up company but ultimately was caught [...]

By |2020-04-09T09:18:11+00:00April 9th, 2020|Redundancy, Workplace Relations Act 2015, Workplace Relations Commission, Workplace Relations Commission Decisions March 2020|Comments Off on Redundancy Claims and Entitlements

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

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 [...]

By |2020-04-02T19:13:24+00:00April 2nd, 2020|Firefighters, latest news, Organisation of Working Time Act 1997, Workplace Relations Commission|Comments Off on Working Time – Useful 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