News 9th November 2022

Employer Justified in Increasing Sanction from Final Written Warning to Summary Dismissal on Appeal

In Martin Browne v Egis Road and Tunnel Operation Ireland Limited ADJ-00019705 the Complainant was issued with a Final Written Warning and a two-week unpaid suspension from work. He was informed of his right of appeal and notified that an...

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News 9th November 2022

Employee Awarded 1/3^rd of Loss – WRC Prepared to Accept that One of Three Reasons for his Dismissal was his Application for Paternity Leave

The Complainant in Mark Maunders v Overhead Doors Ireland Limited ADJ-00033788 brought an unfair dismissal complaint against his former employer, alleging that he was dismissed for a combination of three reasons, one of which was because he had applied for...

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News 9th November 2022

WRC Upholds Victimisation Complaint and Orders Respondent to Appoint Complainant to the Role

In Tara McManus v Garda Representative Association ADJ-00028686 the Complainant claimed that she had been unlawfully discriminated against on the basis of her gender in her application for the position of Assistant to the General Secretary of the Respondent. The...

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News 9th November 2022

WRC Permitted Amendment to Complaint Form to Reflect Alternative Legislation as Basis for Claim

Conor Williamson v David Stone and Carol Stone t/a Ashton Dog Pound and Warden Service came before an Adjudicator of the Workplace Relations Commission (“WRC”) in October 2021 and again in June 2022. Facts: The Complainant commenced employment as a...

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News 6th October 2022

Labour Court Increased Unfair Dismissal Award in Employer’s Appeal

In the recent Labour Court case of Starrus Eco Holdings Limited t/a Panda/Greenstar v Ben Madichie, Determination No. UDD2247, the Respondent (employer) appealed the decision of a WRC Adjudicator, which had found the Complainant (employee) had been unfairly dismissed and...

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News 6th October 2022

WRC Upholds Constructive Dismissal Complaint Following Employer’s Inadequate Response to Bullying Complaint

In Jade Gannon v Fides Playhouse Limited[1], the Complainant issued three complaints against her former employer, including a claim for constructive dismissal under the Unfair Dismissals legislation. Facts: The Complainant commenced employment with the Respondent as a housekeeper on 9th...

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News 6th October 2022

Labour Court Overturns WRC Finding of Discrimination – “Very Basis” for Complaint Not Well Founded

David Aranda Petit Delice Limited v Jessica Padayachee – EDA2219 is a recent Labour Court appeal of a decision of the Workplace Relations Commission (“WRC”). The Complainant, Ms Padayachee, submitted complaints of discrimination on grounds of race, gender and family...

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News 6th October 2022

Despite Seriously Flawed Procedures, Zero Compensation Awarded for Unfair Dismissal

In Bridget Clarke v Paul Connolly[1], the Adjudicator found that the Respondent had unfairly dismissed the Complainant as he had not afforded the Complainant with her the basic rights of natural justice before making the decision of dismissal. However, due...

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News 6th October 2022

Fixed-Term Worker entitled to Contract of Indefinite Duration Despite Breaks in Service

In Alessio Caratti O Garatti v Dublin Institute for Advanced Studies (“DIAS”) the Complainant was employed by the Respondent as a Postdoctoral researcher on a number of Fixed Term contracts in the years 2014 to 2021.   The Respondent is a...

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News 6th October 2022

Dismissal of Employee With Autoimmune Disease During Covid 19 Deemed Discriminatory

In the recent WRC case of Damien  O'Sullivan v Fg Wilson Engineering (Dublin) Limited - ADJ-00030123 an employee was awarded €41,076.00 for a dismissal that was deemed to be a discriminatory dismissal in breach of the Employment Equality Acts 1998-2015....

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