News 4th August 2019

Employee’s position held to be redundant after Employer changes his place of work

Facts: The complainant worked with the respondent in Bandon for 10 years. He was certified as unfit to work for a period of 1 year.  During this sick leave, the respondent moved the Complainant’s job position to Cork city. On...

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News 4th August 2019

Burden of proof on Employees in discrimination case

Fact: The Complainant worked in the shop of the respondent on a fixed-term contract. The Complainants contract was renewed twice, however on the third occasion the Respondent decided not to renew the contract. The Complainant claimed that the respondent decided...

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News 4th August 2019

Employer ordered to pay Employee on sick leave for endangering the employee’s physical or mental wellbeing despite instructions forming part of his terms of employment.

Facts: The Complainant worked as a carer for the Respondent, who was a disability services provider. An issue arose in which he did not feel comfortable attending to the intimate care of female service users. Whilst it used to be...

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News 4th August 2019

No written contract costs Employer €4,000 in Constructive Dismissal case

Facts: This case concerns a co-appeal in relation to an unfair dismissal claim. The Complainant worked for the Respondent but there was no written contract between the parties. Both parties gave contrasting evidence as to the contents of the agreement...

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News 2nd August 2019

Court of Appeal puts nail in the coffin for injunction applications where dismissal is by way of redundancy

The Court held that the Claimant was constructively dismissed and awarded him €15,000.  The Labour Court did not have sufficient information from the Claimant to confirm his financial losses and on that basis was cautious about the amount of the...

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Developments 31st July 2019

Significant ruling from UK Supreme Court on use of severance in Restrictive Covenants

Tillman v Egon Zehnder Ltd [2019] UKSC 32 Facts: The Supreme Court in the UK recently handed down a landmark judgement in which a 6 month non-compete clause, while deemed overly restrictive, could still be enforced with the severance of...

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News 30th June 2019

Labour Court finds Employee was Constructively Dismissed without any Grievance Procedure Required due to Unjustifiable Suspension

On 11th June 2019, the Labour Court overturned a decision made by a Workplace Relations Commission (“WRC”) adjudicator in awarding an employee €15,000 for constructive dismissal.   Facts The Claimant, a warehouse manager commenced employment with the Respondent in June...

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News 30th June 2019

Labour Court awards maximum of €51,168 for discriminatory dismissal

Facts On 11th June 2019 the Labour Court awarded an employee €51,168 following discriminatory treatment she received when returning to work from maternity leave. The Workplace Relations Commission (WRC) awarded the Claimant €11,602.50 for the unfair treatment she received. Both...

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Insights 30th June 2019

Human Rights and Equality in the Workplace

Annual Report from the Irish Human Rights and Equality Commission On Monday 24th June, 2019, the Irish Human Rights and Equality Commission (“the Commission”) which is now in its fourth year of work, launched its Annual Report to the Houses...

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Developments 30th June 2019

Further proposals to criminalise for the misclassification of workers

The private members Bill the Organisation of Working Time (Workers’ Rights and Bogus Self Employment (Amendment) Bill 2019 has been published. The purpose of this bill is to amend the Organisation of Working Time Act 1997 with the aim of...

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