News 9th December 2021

Supreme Court Confirms Broad Scope of the Protected Disclosures Act & Finds the Code of Practice Is Wrong

On 1st December 2021, the Supreme Court in Baranya v. Rosderra Meats found in favour of the Appellant and directed the case back to the Labour Court. The Supreme Court held that the Code of Practice on Protected Disclosures misstates...

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News 8th December 2021

Update: Sick Leave Bill 2021

The details of the highly anticipated Sick Leave Bill (“the Bill”) were recently published by the Department of Enterprise Trade and Employment. The Bill will see the introduction of mandatory employer Statutory Sick Pay scheme (“SSP Scheme”) for the first...

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News 8th December 2021

Employee who worked one month awarded €200 for lack of breaks

Facts: The Complainant was employed as a photographer with the Respondent, who operates a “Santa’s Grotto Experience”, from 22nd November 2019 to 23rd December 2019. He submitted a number of complaints, one of which was successful. The Complainant alleged that,...

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News 8th December 2021

WRC Increases Burden On Employers When Upholding Constructive Dismissal Claim

In the recent decision of the Workplace Relations Commission (“WRC”) of Jennifer Healy v De Paul, ADJ00026357 the WRC found in favour of the Complainant’s constructive unfair dismissal complaint, despite the Complainant’s failure to exhaust all internal procedures available to...

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News 8th November 2021

Employee Awarded €25,000 For Employer’s Failure To Objectively Justify Retirement Age

Facts: The Complainant, Anthony Kenny commenced employment with the Respondent, Bord Na Mona Plc, on 15th May 1975, as a General Operative until he retired in April 2020. He thereafter requested to work beyond his retirement age. A meeting was...

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News 8th November 2021

Labour Court Awards €75,000 For Discriminatory Dismissal For Failure Of Employer To Prove That Altered Role Was Not Viable

In the recent decision of the Labour Court in the case of Kevin Roberts v United Parcel Service of Ireland Ltd, ADE/20/115, the Court overturned the decision of the WRC Adjudicator, deciding that the dismissal of Complainant was discriminatory dismissal,...

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Covid, News 8th November 2021

Covid-19 Pandemic Unemployment Payment Update

The Covid-19 PUP closed to new applicants from 8th July 2021. There has been gradual reduction in the PUP rates. As per the recent notification, the current rates of PUP are as below: Average weekly earningsPersonal rate€400 or over€300€300 -...

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Covid, News 8th November 2021

Updated Work Safely Protocol

On 22 October 2021 the Tánaiste and Minister for Enterprise, Trade and Employment, Leo Varadkar TD, published an updated Work Safely Protocol. This is the fourth revision since the Protocol was first published in May 2020 and follows shortly after...

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News 5th October 2021

Labour Court Finds Employee Unfairly Dismissed But Contributed 100% to His Dismissal – Zero Compensation

Facts: This was an appeal by the Complainant, Mr Nicholas Folan, of a WRC decision that he had not been unfairly dismissed by the Respondent, Smurfit Kappa Ireland Ltd. The Complainant sought redress in the form of reinstatement. The Complainant...

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News 5th October 2021

WRC Held Wages Are Not ‘Properly Payable’ During Lay-Off Period & Such Non-Payment Cannot Be A Breach of Payment of Wages Act

Facts: The Complainant joined the Respondent’s engineering contracting firm on 26th August 2019 as a mechanical estimator on an annual salary of €65000. He was laid off on 27th March 2020 when the closure of the construction sector due to...

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