News 16th June 2023

Significant Award For Employee Dismissed due to Protected Disclosure

Facts: The Complainant commenced work on 5th August 2021 as a part-time receptionist in the smaller of the two veterinary practices owned by the Respondent. Only two staff were required at any one time, being a receptionist and vet. The...

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News 11th May 2023

High Court Rules that Disciplinary Process Should Proceed, but Lifts Plaintiff’s Suspension

In Amanda Hennigan v An Comisiún Le Rincí Gaelacha [2023] IEHC 87, the Plaintiff applied to the High Court for an interlocutory injunction restraining the Respondent from pursuing disciplinary proceedings against her. The High Court refused her injunction application, but...

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News 11th May 2023

Labour Court Overturns WRC Finding of Discrimination where Pregnant Employee was Denied the Opportunity to Work Remotely During the COVID-19 Pandemic

In the Labour Court case, Saint John of God Community Services v. Ann Doherty EDA 2313,the Respondent employer appealed the Workplace Relations Commission (“WRC”) finding that the Complainant had been discriminated against on the grounds of her family status. The...

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News 11th May 2023

Employee Awarded €5,000 for Harassment After Being “Outed” at Work, but Victimisation Claim Fails

Facts: The Complainant is employed by the Respondent in a creche. She submitted a complaint under the Employment Equality Acts (the “Acts”), claiming that she was harassed on the grounds of sexual orientation and victimised as a result of making...

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News 11th May 2023

WRC Finds that Employer Acted Unreasonably in Failing to Make Genuine Efforts to Contact Employee Who Was Absent from Work

The recent Workplace Relations Commission (“WRC”) case of Kamil Goljanek v Lidl Ireland Gmbh ADJ-0037483 contains an interesting set of facts and examines the extent to which an employer is expected to make reasonable and genuine efforts to contact an...

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News 11th May 2023

Award for Constructive Dismissal Where Employer did not Progress Grievance

In the case of Ciaran Roche v 3Rockeco Limited (ADJ-00035648) the Workplace Relations Commission (“WRC”) was required to consider whether 3Rockeco Limited (the “Respondent”) had acted so unreasonably as to amount to a repudiatory breach of its contract of employment...

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News 11th May 2023

Employer’s Response to Sexual Harassment Complaint Insufficient Despite Complainant’s Request to Deal with It “Quietly”

In the case of Nadine Harty v Causeway Hospitality Ltd Greenway Manor Hotel ADJ-00036502 the Complainant alleged that she was discriminated against on grounds of gender and that she was subjected to sexual harassment and harassment in the workplace. She...

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News 11th May 2023

WRC Awards €30,000 Due To Employer Not Complying with Code of Practice for Longer Working When Enforcing Mandatory Retirement Age

In the case of Brendan Beirne v Rosderra Irish Meats Group ADJ00027036 the Workplace Relations Commission (“WRC”) addressed the application of mandatory retirement ages  and how to deal with requests for longer working. In this decision, the Adjudicator, Shay Henry,...

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News 11th May 2023

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. It transposes the EU Directive on work-life balance for parents and carers and provides for the introduction of...

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News 14th March 2023

WRC Confirms Genuine Redundancy

Facts: In Edward Timmons v AB Group Packaging Ireland Limited ADJ-0030801 the Complainant alleged he had been unfairly dismissed and submitted a complaint under the Unfair Dismissals Acts 1977-2015 (the “Acts”). The Respondent employer argued that the Complainant’s role had...

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