News 1st October 2018

WRC Sets Aside Waiver And Considers Low Level of Ex-Gratia Payment In Finding Of Unfair Dismissal

Facts The Workplace Relations Commission (“WRC”) has held that an employee was unfairly dismissed in circumstances were although a genuine redundancy existed, the manner in which the redundancy was effected was procedurally flawed. In addition to this, the claimant had...

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News 1st October 2018

Advocate General’s Opinion Is That WRC Has Exceeded It’s Jurisdiction

The Court of Justice of the European Union (“CJEU”) Advocate General issued an opinion on 11th September 2018 agreeing with the Supreme Court’s earlier findings in the matter of The Minister for Justice and Equality, The Commissioner of An Garda...

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News 1st October 2018

Ambiguous Resignations – Who Really Ends the Contract of Employment

Facts A recent decision of the UK’s Employment Appeals Tribunal has upheld a decision confirming that a claimant who resigned was in fact unfairly dismissed. Background The claimant was employed in the records department at a hospital where she had...

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Insights 3rd September 2018

External Email Access v. Working Time Regulations – What should Employers do?

The recent Labour Court decision of Grainne O’Hara v Kepak Convenience Foods Unlimited Company which was a cross appeal by both parties, has caused widespread concern amongst employers. The employee submitted evidence of emails between her and her former employer...

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News 3rd September 2018

WRC Upholds Dismissal of an Employee done in his absence, without his knowledge and while abroad, Upheld.

Facts The WRC has upheld an Employer’s decision to dismiss an employee for what was described as a repeated and deliberate failure to comply with correct attendance procedures. The decision to initiate the disciplinary procedure and ultimately dismiss the employee...

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News 3rd September 2018

Acceptance of reactive resignation held to be dismissal

The recent WRC decision in the case of A Worker v Food Service Provider seen the Complainant receive an award for financial loss as her employer did not afford her an opportunity to recant her resignation after a “heat of...

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News 3rd September 2018

No financial loss if employee is unfit to work

Workplace Relations Commission: ADJ-00010883 General Operative v Amusement Company: Section 8 Unfair Dismissal Acts, 1977. Facts The Complainant commenced employment with the Respondent in December 2011, working 3 days a week. The Complainant’s employment terminated on 27th April 2017 following...

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Developments 13th August 2018

Why minister should first check up on contract law if axe is to fall on O’Brien

Click here to read the full artice.

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Insights 1st August 2018

Dramatic Last minute amendment to 2017 Bill criminalises misclassification of an “employee” as “self-employed worker”

A last-minute amendment to the Employment (Miscellaneous Provisions) Bill 2017 (“2017 Bill”) was made on 12th July 2018 in the Dáil as proposed by Minister O’Dea. This amendment, which is currently at Section 20 of the Bill, introduces a criminal...

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Insights 1st August 2018

Proposed Shared Maternity Leave Not Properly Thought Out

The Shared Maternity Leave and Benefit Bill 2018 (the “Bill”), which was introduced on 12th July 2018, seeks to provide a new right to Shared Maternity Leave by the parents of an expected or newborn child. Specifically, the Bill proposes...

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