News 4th June 2024

€25k Awarded for Penalisation due to a Protected Disclosure but It May be Challenged As Being Out of Time

Facts: In the WRC case of Padraic O’Toole v. Department of Agriculture, Food & The Marine (ADJ-00045437), the Complainant alleged that he was penalised by the Respondent for making two protected disclosures. The Complainant commenced employment with the Respondent in...

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News 4th June 2024

WRC Find Selection Process Tainted with Discrimination

In the recent case A Complainant v A Media Company (ADJ-00043525) the Complainant alleged she was discriminated against based on her family status when she was passed over for promotion following her return from maternity leave. She issued a complaint...

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News 4th June 2024

WRC Orders Maximum Award to University Professor for Unfair Dismissal

In Wim Naude v University College Cork (ADJ-00042625), the Complainant brought a complaint to the Workplace Relations Commission (the “WRC”) under section 8 of the Unfair Dismissals Act, 1977 against the Respondent university. The Adjudicator, Lefre de Burgh, awarded the...

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News 4th June 2024

This WRC Decision Should Raise Concerns For Companies Engaging Contractors

The Complainant in Lauren McBride v. FSR Atlantic Ltd t/a ADHD Now (ADJ-00049238) alleged several breaches to her statutory employment rights, while the Respondent always maintained that she was employed as an independent contractor. This case highlights the broad definition...

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News 4th June 2024

Labour Court Upholds Decision to Reinstate Employee Who Sought to Retract Resignation Tendered in “Special Circumstances”

The Labour Court (the “Court”) has recently issued its decision in Saint John of God Community Services CLG and Ms Olapeju Oyegoke [UDD2415]. This was an appeal by the employer (hereinafter the “Respondent”) of the Workplace Relations Commission (“WRC”) decision...

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News 4th June 2024

Labour Court Upholds WRC Finding that Dismissal of Aer Lingus Customer Services Agent for Gross Misconduct was Fair

The Labour Court in Aer Lingus Limited v Virginia Linehan (UDD2418) has upheld the Workplace Relations Commission (“WRC”) decision in ADJ-00034556 (CA-00045554-001) that the dismissal of Ms Linehan (hereinafter the “Complainant”) for gross misconduct was fair. The Complainant had appealed...

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News 4th June 2024

Labour Court Clarifies When “On-Call” Is Not Considered Working Time for the Purposes of Public Holiday Entitlements

In the Labour Court case Mater Misericordiae University Hospital v Adrian Stefan (DWT2415) the Mater Hospital, the Appellant, appealed the decision of the Workplace Relations Commission (“WRC”) Adjudication Officer. As many of our readers may know, a Labour Court hearing...

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News 4th June 2024

Supreme Court Clarifies Law on Mandatory Retirement Ages

The Supreme Court has this month issued an important Judgement in the case of Seamus Mallon v The Minister For Justice, Ireland, And The Attorney General relating to the topic of mandatory retirement ages.   Facts: The case involved a...

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News 15th May 2024

Finalists Announced Irish Law Awards 2024

We’re thrilled and honoured to be finalists in four categories for the 2024 Irish Law Awards.  1. Sole Principal of the Year (Regional & National) 2. Law Firm of the Year (Regional & National) 3. Employment Law Firm / Team...

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News 13th May 2024

Labour Court Confirms Date of Dismissal in Unfair Dismissal Complaint where Complainant was Paid in Lieu of Notice

In Fyffes Tropical Ireland Ltd v Mr Loui Osman UDD2413, Mr Loui Osman (hereinafter “the Complainant”) appealed the decision of the Adjudication Officer (ADJ-00042768) to the Labour Court (the “Court”). The Adjudication Officer had declined jurisdiction to consider his substantive...

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