Covid, News 2nd December 2020

Remote Working Guidance 2020: Department Of Business, Enterprise And Innovation

Prior to the Covid-19 crisis, which has given rise to unprecedented numbers of employees working from home, the Department of Business, Enterprise and Innovation (“the Department”) had published a report on Remote Work in Ireland in December 2019, highlighting a...

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Covid, News 2nd December 2020

“The Work Safely Protocol” Updated Guidance On Returning To The Workplace

Developments: Earlier this year (9th May, 2020) the Government published its “Return to Work Safely Protocol”, the purpose of which was to support employers and workers to put measures in place that would prevent the spread of COVID-19 in the...

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News 2nd December 2020

Update : Extension Of Suspension Of The Right Of Employees To Claim Redundancy

The Government announced this week the further suspension of the application of Section 12 of the Redundancy Act 1967-2014, which was due to end on the 30th November will be extended again until the 31 March 2021. Section 12 of...

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News 3rd November 2020

Employee Awarded €10,000 As Compensation For Employer’s Failure To Offer Him Hours Of Work When Certified Fit To Carry Out Restricted Amount Of Work

Facts: This is an appeal of the decision of the Adjudication Officer by Adam Herzyk (the Complainant) against his Employer, Assured Personnel Limited (the Respondent). The Adjudication Officer found against the Complainant in respect of his claim for discriminatory constructive...

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News 3rd November 2020

A Hotel Employee Made Redundant Was Awarded Just Under 2 Years’ Pay For Unfair Dismissal

Facts: The Complainant commenced employment with the Respondent as Accounts/HR Administrator on 27th October 2015. On 26th April 2017, she was promoted to PA to General Manager/HR Assistant, with her Gross weekly pay of €634.62. The Complainant detailed a number...

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News 3rd November 2020

Male Contractor Deemed A Valid Comparator To A Female Employee For The Purpose Of Equal Pay

A recent WRC decision in the case of A presenter v A Broadcasting Company has brought the issue of parity of pay between men and women in the Irish media into sharp focus. It also acts as a warning for...

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News 3rd November 2020

Employee Awarded €9,000 For Constructive Dismissal Due To Employer Giving A Bad Reference

It should be noted that the Respondent did not attend at the WRC hearing, using Covid-19 as his reason for not attending. Therefore, although this claim was uncontested and may be appealed, it is interesting to note that the Adjudicator...

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News 1st October 2020

Labour Court Overturned Wrc Award & Held That The Reduction In Working Hours & Pay Was Not A Failure To Provide Reasonable Accommodation

Introduction In a recent decision of the Labour Court in the case of Margaret Hanigan v Health Service Executive, EDA2013 the Labour Court overturned the decision of the WRC. The WRC had awarded the Complainant €20,000 for loss of earnings...

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News 30th September 2020

Employee Wins Constructive Dismissal Claim In The Labour Court Regardless Of Not Exhausting Internal Processes

Facts: The Appellant was employed by the Respondent as a training co-ordinator/instructor in 2001. The Appellant claimed that she was bullied by Ms X, a colleague and that the Appellant raised a complaint with her manager on 4th January 2018....

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News 30th September 2020

Settlement Agreement held not to waive employee’s right to take a claim

The Labour Court Overturned The Adjudication Officer’s Decision And Awarded The Employee €50,000, For Unfair Dismissal. Facts: This is an appeal by Wasim Haskiya (Appellant) regarding a dispute with Keelings Retail UC (Respondent) against the decision of the Adjudication Officer...

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