News 7th February 2023

Payment of Wages Claim Well Founded, but Zero Compensation Awarded because of “Unprecedented” Global Pandemic

The Labour Court (the “Court”) in Aer Lingus Limited v Caitriona Jones PW/22/181 considered an appeal against a decision of the Workplace Relations Commission (“WRC”) which found that the Payment of Wages complaint lodged by the Appellant, Ms Caitriona Jones,...

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News 24th December 2022

Constructive Dismissal Claim Succeeds Even Without Exhausting Internal Procedures Due to Employer’s Conduct

It is well established that in cases of constructive dismissal, an employee is generally expected to have exhausted his or her employer’s internal procedures before leaving employment. However, the decision of the Workplace Relations Commission (“WRC”) in Tara Cassidy v...

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News 24th December 2022

Employee Fails in Her Claim of Lack of Reasonable Accommodation Due to Her Solicitor’s Letter

The Adjudicator in this case found that the principles in Nano Nagle in relation to reasonable accommodation did not apply due to the Respondent receiving a letter from the Complainant’s solicitor early in her sick leave objecting to it contacting...

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News 24th December 2022

Dismissal of Imprisoned Employee deemed Unfair as his Contract was Held Not to Have Been Frustrated

The Complainant in Muiris Flynn v Iarnrod Eireann ADJ-00030195 brought an unfair dismissal complaint against his former employer, alleging that the purported rationale for his dismissal, frustration of contract due to his imprisonment, was unlawful, and consequently the Respondent was...

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News 24th December 2022

Employer Failed to Provide Reasonable Accommodation to Employee Suffering with Alcoholism

Eamon Murphy v Michael Connolly & Sons Limited Supervalu Supermarket is a recent Workplace Relations Commission (“WRC”) case concerning alleged discrimination on the grounds of disability, discriminatory dismissal and alleged failure to provide reasonable accommodation. This is an interesting case...

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News 24th December 2022

WRC Discrimination Finding where Art Teacher was Replaced with her Maternity Leave Substitute

In the case of Sarah Adam v Dublin and Dun Laoghaire Education and Training Board ADJ-00028925 the Workplace Relations Commission (“WRC”) was very critical of the interview process carried out by the Respondent school board following the Complainant’s return from...

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Insights 8th December 2022

12 Bells of Wisdom for Employers at Christmas

  1.Prevention is Better than Cure! Always remember health and safety of staff and clients around this festive season. This should include arranging safe travelling options to and from the event and possibly the next morning also. It should also...

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News 9th November 2022

“No-Fault Dismissal” Deemed to be Substantively Unfair

In Caroline Mcaree v Newbrook Nursing Home Ulc Drumbear Lodge Nursing Home ADJ-00030614 the Complainant submitted a complaint under the Unfair Dismissals Acts 1977-2015 (the “Acts”) that she was unfairly dismissed without reason or explanation. The Respondent employer asserted that...

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News 9th November 2022

Right to Statutory Redundancy Payment Distinct and Separate from Right to Redress Under Unfair Dismissals Act

Facts: The Complainant was a Fleet Training Manager who was employed with the Respondent for 15 years prior to his dismissal. The Covid-19 pandemic seriously affected the Respondent’s business. The Complainant was laid off on 16th March 2020 and returned to...

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News 9th November 2022

Employer Found to be Justified in not Selecting Complainant with Disability for Role

William Morris v Iarnrod Eireann Irish Rail ADJ-00027184 is an interesting recent decision from the Workplace Relations Commission (“WRC”) which examined whether an employer’s decision not to hire someone with a disability was justified on the basis of its medical...

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