News 13th May 2024

Employee Awarded Highest Ever Compensation for Unfair Dismissal by WRC

The Workplace Relations Commission (“WRC”) has made its highest ever unfair dismissal award to an employee in Michael Kiely v Hyph Ireland Limited ADJ-00037708. The Respondent in this case initially disputed that the Complainant was unfairly dismissed, but on the...

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News 13th May 2024

WRC Found Employer Liable for Racial and Sexual Harassment

Facts: Vanessa Rodrigues Linhan v Carechoice ADJ-00044371 concerned a complaint under the Employment Equality Acts 1998-2015 (“the Acts”) to the Workplace Relations Commission (“WRC”).  The Complainant was employed as a Health Care Assistant with the Respondent in a care home...

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News 13th May 2024

Supreme Court Decision Makes It Very Difficult For Employers To Obtain an Injunction To Restrain Industrial Action in the Future

The Supreme Court judgements (of O’Donnell CJ, Hogan J and Murray J) in HA O’Neil Limited v. Unite the Union and others, which were handed down on 6th March 2024, make it extremely difficult for an employer to obtain an...

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News 13th May 2024

Code of Practice on the Right to Request Flexible and Remote Working

The Workplace Relations Commission (“WRC”) has now published its highly anticipated Code of Practice on the right to request flexible working and the right to request remote working (the “Code of Practice” or the “Code”). This Code of Practice was...

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News 13th May 2024

Reinstatement Ordered to Clear Complainant’s Good Name

In Alan Kealy v St John of God Community Services Clg ADJ-00036899, the Complainant referred a complaint to the Workplace Relations Commission (the “WRC”) under the Unfair Dismissals Acts, 1977-2015 claiming that he was unfairly dismissed from his role as...

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News 13th May 2024

WRC Adjudicator Emphasises Employer’s Requirement to Explore Alternatives to Redundancy

In the WRC case of Karen Moloney v. T M Blinds Ltd (ADJ-00046400), the Adjudicator emphasised the necessity for employers to be able to prove that it engaged in a thorough exercise to avoid a redundancy. Failure to do so...

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News 13th May 2024

First Finding Against an Employer under the Sick Pay Act 2022

Facts: The Complainant in Michael Broderick v North Quay Associates Limited ADJ-00048080 alleged that he had not been paid in accordance with the Sick Leave Act 2022 (“the Act”), claiming that the payments that had been made were inaccurate and...

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News 13th May 2024

Internal Recruitment Policy found to Indirectly Discriminate against Employee on Grounds of Disability

The Complainant in Tanya Phelan v Bausch Health Ireland Limited ADJ-00041120 alleged that the Respondent had discriminated against her by not shortlisting her for a job on the grounds of disability. Facts: The Complainant commenced employment with the Respondent in...

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News 11th March 2024

High Court Rejects Point of Law Appeal from Labour Court regarding Working Time

Walsh v Kerry County Council [2023] IEHC 719 concerned a recent appeal on a point of law from a determination of the Labour Court. The issue before the High Court was whether or not the Labour Court erred in finding...

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News 11th March 2024

Garda Commissioner Unsuccessful in Attempt to Dismiss Garda who had Sexual Encounter with Witness

A recent Court of Appeal decision in the case of Hegarty v The Commissioner of An Garda Siochana [2023] IECA 266 reinforces the principle that an employee can never be disciplined twice for the same incident. Facts: In this case...

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