News 8th July 2024

WRC Awards Three Weeks’ Pay to Complainant who was Disciplined in respect of Statutory Sick Leave Absence

The recent decision of the Workplace Relations Commission (“WRC”) in A Worker v Service Provider to Financial Services (ADJ-00048825) is one of only a few decisions issued to date under the relatively new Sick Leave Act, 2022. Facts: The Complainant...

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News 8th July 2024

New Revenue Guidelines for Determining Employment Status

Revenue have recently published its “Guidelines for Determining Employment Status for Taxation Purposes” (the “Guidelines”), to reflect the Supreme Court decision in The Revenue Commissioners v. Karshan (Midlands) Ltd t/a Dominio’s Pizza (the “Karshan Decision”).   The Guidelines reflects the...

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News 4th June 2024

Probationary Periods must be Proportionate to the Length of a Fixed Term Contract

Probationary Periods must be Proportionate to the Length of a Fixed Term Contract In An Assistant Lecturer v An Institute of Technology (ADJ-00050085) the Workplace Relations Commission (the WRC”) examined the issue of proportionality in probationary periods. The Complainant was...

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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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