News 5th October 2021

Labour Court Substantially Increases Award For Sexual Harassment

Facts: This was an Appeal by the Complainant, a 19 year old female barista, against a Workplace Relations Commission (“WRC”) decision that she should be awarded €3,500 on foot of a sexual harassment claim that resulted in her feeling stressed...

Read more

News 5th October 2021

Bus Driver’s Dismissal For Using Mobile Phone While Driving Deemed Unfair & Reinstatement Ordered

The WRC Adjudicator, Pat Brady, centred his decision around the Respondent’s use of CCTV footage to discipline and ultimately dismiss the Complainant and the application of the ‘zero tolerance’ policy. Facts: The Complainant, Frank Berman, was employed as a bus...

Read more

News 5th October 2021

Labour Court Finds “Volunteer” To Be An Employee Regardless Of Her Not Receiving A Traditional Salary

Facts: This was an appeal by the Respondent, Camphill Communities of Ireland, against a WRC decision that the Respondent unfairly dismissed the Complainant, Ms. Elke Williams. The WRC had awarded compensation in the amount of €40,000. The Respondent organisation provides...

Read more

News 5th October 2021

Labour Court Increases Complainant’s Award For Failure to Provide Reasonable Accommodations For Her Disability

Facts: The Complainant’s employment transferred to the Respondent by way of a transfer of undertaking in August 2018. Her previous employer had made reasonable accommodations for her due to her Achilles Tendonitis and based on the advice from Occupational Health. The Respondent...

Read more

News 1st October 2021

Employee Held to be Unfairly Dismissed Regardless of Admitting to Alcohol Consumption Hours Before Starting Work

Facts: Eduard Markovskij, the Complainant, commenced employment with Suretank Limited, the Respondent, on the 29th of August 2007 as a welder. His average weekly net pay was €693.80. He reported for work at Depot 1 on 14th September 2020 at...

Read more

News 1st October 2021

Maximum Award For Mandatory Retirement As No Justification

Facts: The Complainant was employed as a senior staff nurse from the 10th May 2014 until the date of her compulsory retirement on the 28th October 2019, by the Respondent, a nursing home in liquidation. She received remuneration of approximately...

Read more

News 1st October 2021

Labour Court Finds Company’s Mandatory Retirement Age Justifiable

Facts: The Complainant commenced employment with the Respondent Company as a Service Engineer on 1st September 1989.  His employment ceased due to his reaching his 65th birthday on 21st January 2020.   The Complainant initiated a claim against his former employer...

Read more

News 30th August 2021

Labour Court Finds ‘Re-Instatement’ Not An Appropriate Remedy Where Employee Contributed To The Dismissal

The recent decision of the Labour Court in the case of Kenneth Folman v Bus Eireann, UDD2152, was an appeal by the Respondent of the decision of the WRC which ordered re-instatement. The Labour Court overturned this decision concluding that...

Read more

News 30th August 2021

WRC Awards 6 Months’ for Disability Discrimination re Promotion Regardless of Finding that Consideration of Absence Record Was Correct

Introduction: In the recent decision of the anonymised WRC case ADJ-00024794, Adjudication Officer Brian Dalton awarded the Complainant 6 months compensation, based on her remuneration at date of referral to the WRC, for discrimination on the grounds of disability, contrary...

Read more

News 30th August 2021

WRC Held Employee Unfairly Dismissed – He Should Have Been Laid-Off Rather Than Made Redundant

Facts: The Complainant began working with the Respondent company in 2015 as a driver for their provision of tours and sightseeing events in Dublin and nationally. He worked his way up to the role of transport manager with an annual...

Read more