News 14th June 2021

Labour Court Awards €262,260 Rather than Reinstatement in No Fault Dismissal Case

Introduction This case involves multiple decisions concerning two companies, the Samina Corporation which had acquired MPSTOR Limited via share acquisition in 2015. The Complainant in both decisions was a senior employee and shareholder and had been key to the agreement...

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News 14th June 2021

Labour Court awards €21,000 for Unfair Dismissal Regardless of Employee Having Refused to Return to Work When Deemed Fit

In the recent decision of Brian McAllister v Organic Lens Manufacturing, UDD2137, the Labour Court upheld the decision of Unfair Dismissal but increased the award from €16,200 to €21,000 despite stating that both parties had a part to play in...

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Developments 14th June 2021

Significant Changes Proposed in the Protected Disclosures (Amendment) Bill 2021

Introduction In 2019 the EU passed a Directive requiring each EU country bring in legally binding protections for whistle-blowers. This so called “EU Whistleblowing Directive” will also require Ireland to update and amend the Protected Disclosures Act 2014 (the “Act”)...

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News 11th June 2021

Employee Awarded €27,500 for Victimisation by WRC Regardless of Losing Main Claims

Introduction: In the recent decision of Rene O’Reilly v Dublin City University, ADJ-00020428, Adjudication officer Marian Duffy awarded the Complainant €27,500 in compensation for victimisation despite getting no compensation for several other complaints before the WRC. Facts: The Complainant was...

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News 11th June 2021

Labour Court Awards Zero for Unfair Dismissal due to Finding Employee 100% Contributed to his Dismissal

Intro In the recent case of Colm Keane v The Revenue Commissioners, UDD2125 the Complainant appealed the decision of the WRC to the Labour Court.  Background The Complainant was employed by the Respondent from 2007 until his dismissal in July...

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News 11th June 2021

WRC Orders Re-Engagement of Employee Dismissed For Gross Misconduct

Intro In the recent decision of Workplace Relations Commission (WRC) in the case of a Patient Service Representative v An Oxygen/Gas supply company, ADJ-00029366, the unusual remedy of re-engagement was ordered with the period from the dismissal to the re-engagement...

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News 4th May 2021

Decision To Exclude Employee From Interview Costs Employer €6,000

Claim: This case involved a series of Employment Equality Act complaints of discrimination on grounds of gender and race together with an Industrial Relations Act claim for bullying. The Complainant had also initiated a High Court Personal Injuries action related...

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News 4th May 2021

Labour Court Overturned The WRC Decision And Held That The Employee’s Termination Was Not Due To Redundancy

Background: Ms Elaine Ball (the Complainant/Appellant) was employed by MF Kentz Ireland Limited (which is a part of SNC-Lavalin Engineering & Construction Ireland Limited - the Respondent) as its Financial Controller for approximately 17 years and included payroll process as...

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News 4th May 2021

Labour Court Finds Employee Contributed 90% to His Dismissal And Awards Him €5,400

Intro In the recent Unfair Dismissal case of Seetec Employment and Skills Ireland DAC v Stephen Redmond, UD2122, the Complainant had appealed the decision of the WRC to the Labour Court as he was found to have been fairly dismissed...

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News 4th May 2021

Supreme Court’s Decision On The Constitutionality Of The WRC To Have Far Reaching Implications

In Tomasz Zalewski v Adjudication Officer, WRC & Ors the Supreme Court was asked to determine whether or not the Workplace Relations Commission (“WRC”) under the Workplace Relations Act 2015 falls foul of the Irish Constitution and in the alternative...

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