News 6th May 2022

Statutory Redundancy Payment No Longer Taken into Account when Calculating Unfair Dismissal Award

In the recent decision of the WRC in the case of Kieran Murray v Sherry Garden Rooms Limited, ADJ-00028766, the Complainant took a claim for Unfair Dismissal against the Respondent. The Respondent argued that the Complainant had been made redundant....

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Developments 6th May 2022

Work Life Balance and Miscellaneous Provisions Bill – General Scheme Gains Government Approval

The General Scheme of the Work Life Balance and Miscellaneous Provisions Bill 2022 (“the Bill”) that is due to be implemented later this year was approved by Cabinet on 21st April. The General Scheme contains proposed amendments to various pieces...

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News 6th May 2022

WRC Dismisses Payment of Wages Claim – Contractual Term Allowed the Respondent to Deduct Costs Associated with Failure to Provide Notice

In Brigid Walsh v PV Generation Limited, the Complainant issued a complaint under the Payment of Wages Act, 1991 seeking reimbursement of outstanding salary that had been deferred due to the Covid-19 pandemic in circumstances where the Respondent had undertaken...

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News 6th May 2022

Labour Court Finds That Providing a Proper Translator at Appeal Stage Did Not Mend the Unfairness of Disciplinary Process Where He Was Summarily Dismissed

In Sylwester Michalski v Strandvous Limited the Respondent Company did not provide a translator to its Polish national employee with poor English, allow him access to all the witnesses and incorrectly determined his actions to constitute gross misconduct during the...

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News 5th April 2022

Employee’s Claim For Reasonable Accommodation Fails For Not Having Put Employer On Notice Of Disability

The recent decision of the WRC in the case of Victorine Neuray v LIRG5 Ltd, ADJ-00029639 highlights the importance of an employee having to first put an employer on notice of the fact that they have a disability before claiming...

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Developments 4th April 2022

New Code of Practice on Sexual Harassment and Harassment at Work

The Irish Human Rights and Equality Commission (“IHREC”) has published a new Code of Practice on Sexual Harassment and Harassment at Work (the “Code”), one of two new codes published on 9 March 2022 to mark the week of International...

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News 4th April 2022

Compensation, 3 Year Pay Difference And Apology Ordered For Contravention Of Equal Pay Provisions

Facts: In the case of Paula Reid v Teagasc, Ms Reid (‘the Complainant’) was a Statistician employed by Teagasc, (‘the Respondent’) since January 1977.  She brought a claim to the WRC in April 2020 alleging that the Respondent had paid...

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Developments 4th April 2022

Protected Disclosure (Amendments) Bill 2022

As Amended At The Select Committee Stage On 23rd March 2022 The Protected Disclosure (Amendments) Bill 2022 (the “Bill”) was published on 8th February 2022. The purpose of the Bill is to amend the Protected Disclosures Act 2014 (the “2014...

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News 4th April 2022

Wrc Emphasises Procedural Error In Investigation Stage In Finding Unfair Dismissal – Will It Be Appealed?

In the recent case of Paul Dunne v Randox Teoranta, ADJ-00031187, the Complainant was awarded €25,000 by Adjudication Officer Shay Henry. The Adjudicator indicated that the amount of compensation awarded to the Complainant had been reduced by 50% to reflect...

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News 4th April 2022

WRC Finds Purported Redundancy to be an Unfair Dismissal – Award Capped at Four Weeks’ Remuneration for Failure to Mitigate Loss

This decision is another recent example of the importance of fair procedures in a redundancy consultation process and, in particular, ensuring that due consideration is given to possible alternatives. In this case, the Workplace Relations Commission (“WRC”) found that the...

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