Developments 4th April 2022

Code Of Practice On Equal Pay – Published March 2022

This month the Irish Human Rights and Equality Commission (IHREC) published a new Code of Practice to provide guidance on- Equal PayElimination of Pay DiscriminationResolution of Pay Disputes The Code itself is admissible in evidence in a case but is...

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News 3rd March 2022

Labour Court Finds Redundancy To Be An Unfair Dismissal Decision As No Meaningful Effort To Consider Alternative Options

This was an appeal by the Respondent, Cuan Tamhnaigh Teoranta, to the Labour Court of a Workplace Relations Commission (“WRC”) decision in which the Adjudication Officer found that the Complainant, Mr Declan McShane, had been unfairly dismissed from his employment...

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News 3rd March 2022

Mandatory Retirement Age Held Discriminatory on Age & Gender Grounds – One year’s pay awarded

In its recent decision in the case of Doreen Nolan v Alsaa, ADJ-00029859 on the issue of mandatory retirement ages, the WRC awarded a female employee one year’s pay as compensation for discrimination on the grounds of both age and...

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News 3rd March 2022

High Court Injunction Seeking to Dismiss Employee’s Personal Injury Claim Refused Regardless of Her Having Signed A Waiver Agreement

In the High Court case of Philomena Hennessy (the “Plaintiff”) v. Ladbrooks Payments (Ireland) Ltd and Ladbrooks (Ireland) (the “Defendants”, Ms Justice Bolger refused to grant a High Court Injunction seeking to dismiss the Plaintiff’s personal injury case regardless of...

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News 3rd March 2022

WRC Applies High Bar In Rejecting a Constructive Dismissal Claim

WRC Adjudicator emphasises the high bar that must be met by a Complainant in a constructive dismissal claim. He details the case law and applied both tests in his decision, finding that the evidence did not illustrate unreasonableness required on...

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News 3rd March 2022

Courier Deemed To Be An Employee And Successful In Unfair Dismissal Claim But Misses Out On Substantial Award For Failing To Mitigate His Loss

In the case of John Read v. Speedking Couriers Ltd t/a Fastway, the Complainant had his contract terminated with one week’s notice and without the application of any procedure whatsoever by the Respondent Company.  The Complainant brought a claim for...

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News 3rd March 2022

WRC Limited Award For Unfair Dismissal Due to Employee’s Decision Not to Properly Mitigate Loss

In the recent decision of Martin Gillen v. Derek Daly Construction Ltd ADJ-00029984 the Complainant was held to have been unfairly dismissed as the Respondent failed to follow any procedures in respect of his dismissal, which involved a serious instance...

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Covid, News 3rd February 2022

The Transitional Protocol: Good Practice Guidance for Continuing to Prevent the Spread of COVID-19 at Work

On 31 January 2022 the Department for Enterprise, Trade and Employment, published The Transitional Protocol: Good Practice Guidance for Continuing to Prevent the Spread of COVID-19 (“The Protocol”), an update to the Work Safely Protocol last published 14 January 2022....

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News 1st February 2022

WRC Finds Withholding of Ex-Gratia Payment, As Employee Refused to Sign Agreement, Amounted to Penalisation

In the recent decision of Robert Farrell v Modus Link Kildare Unlimited Company, ADJ-00032100, the WRC determined that the withholding by the Respondent of an ex-gratia payment because of the Complainant’s ongoing personal injuries claim against the Respondent constituted penalisation...

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News 1st February 2022

Redundancy Payments (Amendment) Bill 2022

The Redundancy Payments (Amendment) Bill 2022 (“the Bill”) was published on the 21st January 2022. The proposed legislation will amend the Redundancy Payments Act 1967 to provide for payments from the Department of Social Protection to employees who were laid...

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