News 2nd December 2019

Pregnant employee awarded €25,000 for unfair dismissal

Facts: The Complainant commenced employment with Respondent on 6th November 2017. During the entire period of her employment, she received a very positive performance review and was promoted to Acting General Manager in June 2018, until a new General Manager...

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News 4th November 2019

Clarification for employers on sunday work premium – Trinity Leisure Holdings Limited t/a Trinity City Hotel v Sofia Kolesnik and Natalia Alfimova

A recent High Court decision has clarified the obligations of employers, in setting out an employee’s entitlements for Sunday work. The High Court found that where it is expressly stated in a contract of employment that working on a Sunday...

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News 4th November 2019

Zero tolerance policy for sexual harassment costs employer costs €17,500

In the case Chef v Contract Catering Co Adjudication officer Eugene Hanley awarded the Complainant €17,500 compensation for his unfair dismissal. Facts The Complainant was employed as a chef for the Respondent from November 2015 to October 2018. The Complainant...

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News 4th November 2019

Respondent pays €30,000.00 for discriminatory constructive dismissal

Facts: In 2016, Mr. A, Contract Manager for the Respondent confirmed the change of title of the Complainant to ‘Site Supervisor’, where he was responsible for setting up weekly rosters. The Complainant stated that he was happy to accept the...

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News 4th November 2019

Employer pays €15,000.00 for not following the company procedures

Facts: In January 2017, the Complainant was employed as a House Care Assistant in the nursing home operated by the Respondent. On 10th March 2018, the Respondent received a report alleging mistreatment of vulnerable patient by the Complainant, following which,...

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News 4th November 2019

CID must have identical terms to that of previously issued fixed term contract

Facts: The Complainant was on a specific purpose contract as a care assistant from 29th April 2014. As of 18th October 2014, he commenced a new contract working 47.8 hours fortnight. The Complainant’s Union wrote to the Respondent on 1st...

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Developments 17th October 2019

Parent’s Leave and Benefit Bill 2019

The Parent’s Leave and Benefit Bill 2019, (Bill) will entitle each of the working parent of the new-born and newly- adopted child, an additional 2 weeks of paid leave (payable at the rate of Maternity and Paternity Benefit) and will...

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News 17th October 2019

Labour Court Finds Employee Not Entitled to Statutory Redundancy Payment due to her Failure to Carry Out Alternative Role for a Trial Period of 4 weeks

Facts This Appeal concerned a complaint under the Redundancy Payments Acts 1967 -2014 (the Act) which was held not to be well founded. The Complainant/Appellant had worked for the Respondent hair salon in excess of 15 years. The Respondent proposed...

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News 17th October 2019

Terms Enforced Regardless of Unsigned Contract

FACTS: The Complainant took a Payment of Wages claim for 11 weeks worked. The Respondent argued that the Complainant was not an employee during this period. The Complainant worked for the Respondent Company for 11 weeks, where he was provided...

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News 17th October 2019

EMPLOYER PENALISED FOR HAVING NO PRACTICABLE MEASURES TO PREVENT SEXUAL HARASSMENT

Facts: The Appellant was employed by the Respondent to teach a combined class of 100 students of which 85 were male. On 10th October the Appellant notified the Respondent that she was sexually harassed. The course leaders investigated and confirmed...

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