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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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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