News 30th August 2021

WRC Upholds Contractual Discretion to Pay a Reduced Bonus

Introduction: In the recent case Vithaldas v UCC Academy DAC, ADJ-00032510, WRC Adjudication Officer, Thomas O’Driscoll, decided that the Respondent is entitled to exercise contractual discretion in the level of the CEO’s annual bonus and this was not in breach...

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News 30th August 2021

Employer Obliged to Offer All Alternative Options including Unpaid Leave/Career Break Before Confirming Redundancy

Facts: The Complainant was hired by the Respondent Company in June 2014.   She was made Redundant in November 2020 from her position as Co Ordinator of Egg Donation at the Respondent Clinic.  The Respondent claimed that the reason for the...

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Developments 30th July 2021

Employee Awarded Compensation For A Procedurally And Substantially Unfair Dismissal

Leah Buckley -v- Maracrest Ltd The Windmill Nursing Group At Ferbane Nursing Home Facts: The Complainant commenced employment with the Respondent as a healthcare assistant on 17/10/2017. A visiting GP reported an incident, an interaction between the Complainant and a...

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Developments 30th July 2021

Update On Irish Employment Legislation

Protected Disclosures Bill 2021 The Government has recently published the General Scheme of the Protected Disclosures (Amendment) Bill 2021. The Bill aims to complement the existing EU Whistleblowing Directive and enhance the already existing legislation on Protected Disclosures. The Bill...

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News 30th July 2021

WRC Orders Re-Engagement Rather than Re-Instatement for Unfair Dismissal Due to Employee’s Failure to Mitigate his Loss & Delay in Lodging His Claim

In the recent decision of John Tyrell v Toga Freight Services Ltd, ADJ-00029338, Adjudicator Breffni O’Neill determined that the remedy of instatement was not appropriate in circumstances where the Complainant had delayed five months from the date of dismissal to...

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News 30th July 2021

High Court Grants Injunction To Employee Owing To Employer’s “Predetermination” Of Investigation

Rory Mason -v- ILTB Limited T/A Gillen Markets and Dermot Browne [2021] IEHC 477 The Plaintiff, Mr Rory Mason, made an application for an interlocutory injunction to restrain his employer, ILTB Limited (“the First Named Defendant/Company”), from terminating his employment....

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News 30th July 2021

Complainant Fails in Unfair Dismissal Claim For Having Availed of Force Majeure Leave

In the recent WRC case of Caroline Giles v Outhaus Group Country Manor Bricks, ADJ-00027631, the Complainant brought a claim under the Unfair Dismissals Act alleging that she was dismissed due to her availing of force majeure leave under the...

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News 30th July 2021

WRC award overturned by Labour Court – Held Resignation Did Not Amount to Constructive Dismissal

In the recent decision of Leigh Bell v Cope Limited t/a Cope Galway, UDD2145 the Complainant had been awarded €8,400 in compensation for her constructive dismissal by the Respondent. On appeal to the Labour Court this decision was overturned, and...

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News 2nd July 2021

WRC Lowered Bar for Employees to Succeed in Constructive Dismissal Claims

Facts: The Complainant was employed as general operative commencing in August 2016. It was alleged that he was subjected to discriminatory behaviour during his employment and the behaviour and attitude of the Manging Director was such that the Complainant was...

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News 2nd July 2021

Supreme Court Rules on Sectoral Employment Orders

Introduction Sectoral Employment Orders (SEOs), are legally binding orders through which the Labour Court together with the Minister of Enterprise, Trade and Employment create minimum rates of pay and pension contributions across specific sectors of the economy. In June 2020...

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