Developments 31st January 2019

AMENDMENTS TO WORKING TIME REQUIREMENTS IN HORSERACING INDUSTRY

On Thursday 20th December 2018, Regina Doherty, Minister for Employment Affairs and Social Protection signed The European Communities (Organisation of Working Time) (General Exemptions) (Amendment) Regulations 2018 (the ‘Regulations’) into law. These Regulations alter the  amendment made to the definition...

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News 31st January 2019

Failure to keep proper written records of working time and rest breaks is leading to larger compensation awards

It should be noted from the two decisions below in January 2019 alone, that the WRC are taking a stern approach to employers proving that the required rest breaks are being taken by employees by written records. In both cases...

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News 31st January 2019

Flawed procedure does not automatically result in Unfair Dismissal

The case if a Printer v Pharma Print Packaging Company confirms that minor flaws in a disciplinary procedure will not be deemed fatal as long as they are not “fatal to the Respondents case”.   Facts The Claimant was employed...

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News 31st January 2019

Employer ordered to pay €20,000 to employee as a result of a disproportionate sanction

The recent WRC case of a Healthcare Support Worker v Healthcare Provider, the Claimant was awarded €20,000 for his unfair dismissal after taking into account his contribution to the dismissal. Facts The Claimant was employed by the Respondent as a...

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News 31st January 2019

Jail sentence did not frustrate employment contract – Employer ordered to pay €16,472 for unfair dismissal

Facts The Claimant was employed as an electrician by the Respondent from March 2003 until his dismissal in September 2016. Following a street fight in Paris in June 2016, while on annual leave, the Claimant was prosecuted and received an...

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News 31st January 2019

WRC awards €8,000.00 for Disproportionate Disciplinary Sanction

Facts The Complainant was employed as a driver by the Respondent Company from 7th January 2008 to 29th November 2017.  On the 23rd October 2017, the Complainant was called out to assist a Driver Trainer and a new employee with...

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Insights 22nd January 2019

Brexit Kicks UK Rugby Into Touch

Heineken Champions Cup Quarter-Finals take place on the weekend of 29 March 2019. However, four of the eight teams may be facing a new team selection challenge due to BREXIT, unless their match is scheduled to be played on 29...

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News 19th December 2018

Legislative Update: Employment Bill 2017

On the 12th December 2018, Final Statements were made in the Seanad in relation to the Employment (Miscellaneous Provisions) Bill 2017 (“the Bill”). One noteworthy amendment was the deletion of Section 20 from the proposed legislation. Section 20 sought to...

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News 19th December 2018

Employee awarded €27,000 for dismissal based on victimisation

On 27th November an employee was awarded €27,000 for dismissal based on victimisation and was also compensated €5,000 for harassment she was subjected to in her employment while she was pregnant. Facts The Claimant, Dympna Boyce notified the CEO of...

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News 19th December 2018

Unfair dismissal award reduced by 70% due to Complainant’s own conduct

In the recent decision of Adjudication Officer Emile Daly, the Complainant’s award of €50,000 was reduced by a staggering 70% due to the Complainant’s own contribution to the dismissal. Facts The Complainant had worked for the Respondent since 1988 as...

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