News 14th March 2023

Reinstatement Ordered Where Employer Refused Employee’s Request to Withdraw her Resignation

The case of A Social Care Worker v Social Services Charity came before WRC Adjudicator, Brian Dalton, in January 2023 under the Unfair Dismissals Acts. Based on the facts, regardless of the Complainant’s resignation, the Adjudicator held that this case...

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News 14th March 2023

Employee or Independent Contractor? WRC Provides Useful Overview of the Relevant Legal Tests

In Maurice Morgan v GK Munster Couriers Limited ADJ-00032720, the Workplace Relations Commission (“WRC”) was required to consider the employment status of the Complainant, Mr Morgan. This decision includes a helpful overview of some of the case law and factors...

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News 14th March 2023

Claim of Discriminatory Dismissal During Probation Successful Despite Employee’s Unsatisfactory Performance

The case of Sandra Varian v Zahra Publishing Limited ADJ-00036775 came before the Workplace Relations Commission (“WRC”) recently. In this case the Complainant, Ms Varian, claimed that she was discriminated against and dismissed due to her gender and family status,...

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News 14th March 2023

WRC Finds Employee Discriminated Against in Context of Probationary Review

In the case of Ivana Cepo v Sherborough Enterprises Ltd ADJ-00035362 before the Workplace Relations Commission (“WRC”), the Complainant contended that she suffered discrimination and harassment on the basis of family and gender grounds and that she was dismissed on...

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News 7th February 2023

Onus is on the Employer to Establish Genuine Resignation

In the WRC case of Anatoliy Ludchenko v. Harp Renewables LtdADJ-00039137, the Respondent was found to be unreasonable to interpret the words used by the Complainant as words of resignation and the Complainant was found to have been unfairly dismissed....

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News 7th February 2023

The Mere Fact that the Renewal of a Fixed Term Contract would Result in the Employee Acquiring a Contract of Indefinite Duration was Sufficient for Employee to be awarded €15,000 for Non-Renewal of the Contract

In Hugh O’Neill v Trinity College Dublin, the Workplace Relations Commission (“WRC”) heard a Complaint from Mr O’Neill (“the Complainant”) under the Protection of Employees (Fixed Term Work) Act 2003 (“the FTW Act”).   He claimed that Trinity College Dublin (“the...

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News 7th February 2023

European Union (Transparent and Predictable Working Conditions) Regulations 2022

The European Union (Transparent and Predictable Working Conditions) Regulations 2022 (the “Regulations”) were quietly signed into law on 16th December 2022. Despite the complete lack of fanfare, the Regulations contain a number of important changes which employers need to be...

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News 7th February 2023

Transparency and Employee’s Input Essential In A Redundancy Process

Facts: This case of Grainne O’Hara v Zeus Packaging Limited was an appeal from the recommendation of the Adjudicator that the Complainant should be awarded €10,000 to compensate for her financial loss upon being unfairly dismissed due to an unfair...

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News 7th February 2023

WRC Finds Unlawful Deduction of Pay by DAA but Refuses to Compensate the Employee

In the case of Alan Deighan v. Dublin Airport Authority (DAA) plc ADJ-00032849 the WRC Adjudicator, Ms Catherine Byrne, concluded that the Respondent made an unlawful deduction of pay when it reduced the Complainant’s hours of work and pay to...

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News 7th February 2023

Finding of No Discrimination in WRC where Employer Did Not Allow Employee with Claustrophobia to Attend Work Without a Face Mask

In Marcin Nowak v Moriarty’s Food Markets Ltd T/A Moriarty’s Supervalu Skerries ADJ-00032391 the Complainant was medically certified as not being able to wear a face covering because of claustrophobia. He claimed he was discriminated against on the ground of...

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