Developments 11th December 2023

Update – Sick Leave Act 2022

The provisions of the Sick Leave Act (“the Act”) commenced on 1st January 2023 and provides that an employee shall be entitled, up to and including three statutory sick leave days in a year. From the 1st January 2024, that...

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Developments 11th December 2023

Update – Paid Domestic Violence Leave

On 27th November 2023, paid domestic violence leave came into effect in Ireland. The leave is provided for by the new section 13AA in the Parental Leave Acts 1998 – 2003, inserted by the Work Life Balance and Miscellaneous Provisions...

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News 11th December 2023

Lidl Ireland Unfairly Dismissed Employee Due to “excessive sick leave”

Buinenko v Lidl Ireland Gmbh Lidl Head Office ADJ-00033871, concerned a complaint under the Unfair Dismissals Acts 1977-2015. The Complainant alleged that he was unfairly dismissed for taking sick leave, that he was legitimately sick and had adhered to the...

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Developments 11th December 2023

Update – Statutory Guidance on the Protected Disclosures Acts 2014-2022

On 20th November 2023, the Minister for Public Expenditure, NDP Delivery & Reform published new Statutory Guidance for public bodies on the Protected Disclosures Act 2014, following on from the amendment of the Act last year. The purpose of the...

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News 11th December 2023

Investigation “Flawless” but Appeal Process and Lack of Medical Assessment Leads to Unfair Dismissal Finding

A Verger v A place of worship/heritage site ADJ-00027984 concerned an unfair dismissal case before the Workplace Relations Commission (“WRC”) under the Unfair Dismissals Acts 1977 to 2015 (the “Acts”). Facts: The Complainant was employed by the Respondent, a place...

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Insights 7th December 2023

The Twelve Bells of Wisdom for Employers at Christmas

With the festive season approaching and Christmas parties firmly back on the agenda, we look at some workplace issues commonly faced by employers at this time of year and suggest some practical tips for dealing with them successfully. 1. Prevention...

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News 19th October 2023

Labour Court Reduces €10,000 Unfair Dismissal Award, Despite Flawed Procedure, Due to Teacher’s Own Conduct

The Labour Court (the “Court”) case of Scoil Aine Naofa v Michael Hughes ADJ00025-23 concerned an appeal by both parties of a decision of the Workplace Relations Commission (“WRC”). The Complainant was dismissed on 14th June 2019 and brought a claim...

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News 19th October 2023

Labour Court Finds Aer Lingus Requirement to Wear High Heels Discriminatory

Aer Lingus v. Elizabeth Barry EDA2331 was an appeal to the Labour Court (the “Court”) by the Complainant against a Workplace Relations Commission (“WRC”) decision which found that her discrimination complaint was not well founded. The Complainant was a cabin...

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News 19th October 2023

Labour Court Overturns €18,000 Penalisation Award

In an article published in our October 2022 newsletter , we discussed the decision of the Workplace Relations Commission (“WRC”) in ADJ-00033234. This decision was subsequently appealed to the Labour Court. In Conor Williamson v David Stone and Carol Stone t/a Ashton Dog Pound and...

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News 19th October 2023

WRC Finding of Unfair Dismissal –  Employer Unable to Demonstrate that Fair Procedures were Followed

Kenneth Malone v Cerlock Ltd ADJ-00041931 concerned three complaints to the Workplace Relations Commission (the “WRC”) under the Unfair Dismissals Acts 1977-2015, the Organisation of Working Time Act 1997, and the Terms of Employment (Information) Acts 1994-2014. The Complainant alleged...

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