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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Covid, News 30th September 2020

Sick Leave And Parental Leave (Covid-19) Bill 2020

The Minister for Justice and Equality, Ms Helen McEntee T.D., in an announcement on 23rd September 2020, welcomed the Sick Leave and Parental Leave (Covid-19) Bill 2020 (the “Bill”) which introduces mandatory sick pay to be paid by employers at...

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Covid, News 30th September 2020

Contract Did Not Permit Deduction Of Salary Where Employee Refused To Return To Work At A New Location

The Labour Court overturned the Adjudication Officer’s Decision and awarded the Appellant €12,943 for unlawful deduction from her wages. Facts: This was an appeal of the Adjudication Officer’s decision made under the Payment of Wages Act, 1991 (“Act”). The Appellant...

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Covid, News 1st September 2020

Covid-19: Latest Updates: Introduction And Implication Of Employment Wage Subsidy Scheme

The Temporary Wage Subsidy Scheme (TWSS) will be replaced by the Employment Wage Subsidy Scheme (EWSS) from the 1st of September 2020. Employers are required to register for the new scheme. The qualifying employers will be paid a flat-rate subsidy,...

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News 17th August 2020

LABOUR & EMPLOYMENT 2020

VIRTUAL ROUND TABLE The Labour & Employment Roundtable discusses the latest trends and interesting developments from around the world such as the recent EU changes to parental leave, the role immigration plays in addressing labour shortages and skills gaps, and...

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News 4th August 2020

Labour Court Deems Dismissal of Dunnes Stores Café Manager for Eating Food Worth €29 Without Paying As Justified & Fair

In a recent decision in the case of Dunnes Stores v Karen Walsh the Labour Court found that Dunnes Stores was justified in dismissing the Café Restaurant Manager who alleged to have consumed food worth €29 without paying for it....

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News 4th August 2020

No Hold on Employment Injunction for Appeal Due to Employee’s Financial Position

Introduction In the case of O’ Donovan v Over-C Technology Ltd & Another [2020] IEHC 291 the Plaintiff, Mr O’Donovan, was dismissed from his position as CFO. The Order made by Judge Keane in this case was unusual. You can...

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