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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News 19th October 2023

Dental Practice Manager awarded €15,000 for “Cruel” Unfair Dismissal

In Zsuzsanna Budai v Acd Practice Management Ltd (Ardum Clinic) ADJ-00037391, the Complainant, Ms Budai, bought a claim to the Workplace Relations Commission (the “WRC”) that she was unfairly dismissed from her employment in the Respondent dental practice. The Complainant...

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News 21st August 2023

WRC Awards Employee €20,000 for Penalisation due to Applying for Parental Leave

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...

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News 21st August 2023

High Court Finds that School Principal Should be Reinstated after Eleven Years

The High Court has recently upheld the decision of the Labour Court that a Principal of a primary school was unfairly dismissed, eleven and a half years after he was first placed on administrative leave. In An Bord Banistíochta, Gaelscoil...

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News 21st August 2023

WRC Finds Unfair Dismissal for Want of Fair Procedures

The Workplace Relations Commission (“WRC”) case of Paul Burke v Dungarvan Insulation Limited ADJ-00035692 involved a number of complaints under the Unfair Dismissals Acts, the Minimum Notice & Terms of Employment Acts, the Protection of Employees (Fixed Term Work) Act,...

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News 21st August 2023

WRC Upholds Unfair Dismissal Complaint – Fixed Term Contract Did Not Contain Appropriate Waiver

A Worker v A Health Service Provider ADJ-00037789 concerned a complaint to the Workplace Relations Commission (“WRC”) under the Unfair Dismissals Acts 1977 –2015 (the “Acts”). The Complainant argued that she was unfairly dismissed after being assured that her post...

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News 19th July 2023

Supreme Court Finds that HSE was Reasonable in Suspending Consultant

The Supreme Court has recently considered the legal position relating to workplace suspensions in the case of Ray O’Sullivan v The Health Service Executive [2023] IESC 11. This was an appeal by the Health Service Executive (“HSE”) against the order...

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News 18th July 2023

Update – Work Life Balance and Miscellaneous Provisions Act 2023

The Work Life Balance and Miscellaneous Provisions Act 2023 (the “Act”) was signed into law by the President on 4th April 2023. The key changes addressed by the Act were outlined in our previous article found here. However, in order...

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News 18th July 2023

Complainant Summarily Dismissed Due to Anticipated Breach of Non-Compete Clause Receives Unfair Dismissal Award

The Complainant in Andrew Revell v Life and Balance Centre ADJ-00039884 was summarily dismissed for gross misconduct for being in breach or anticipated breach of his non-compete clause.  Facts: The Complainant commenced employment with the Respondent as a Chiropractor in...

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News 18th July 2023

Employee Subjected to Penalisation for Raising Serious Breach of Health and Safety Awarded €20,000

The case of Patrick O’Connor v Wexford County Council ADJ-00040852 involved a complaint under Section 28 of Health and Safety at Work Act (the “Act”) by the Complainant that he was penalised by the Respondent for raising a health and safety complaint of...

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