News 1st August 2018

WRC upholds dismissal despite flaw in procedure

The recent decision of Adjudicator Michael Hayes will give some comfort to employers. The Complainant was employed as a painter from November 2005 until his dismissal for gross misconduct on 1st May 2015. The Complainant submitted that his dismissal was...

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News 1st August 2018

Landmark Employment Law cases to be heard before the Supreme Court

Early this month, permission was granted to have two of the most significant recent employment law cases in Ireland to be heard before the Supreme Court. Zalewski v Adjudication Officer (Glackin) & ors The first case, Zalewski v Adjudication Officer...

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News 1st August 2018

Having no redundancy procedure costs Employer €24,500

A Project Manager v A Horticulture Company - ADJ-00007704 The dismissal of the Complainant, by way of redundancy, was held not to be genuine as the Employer did not follow any formal redundancy procedure. This error cost the Employer €24,500 in...

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News 4th July 2018

Pressure and stress from multiple investigations held not to be constructive dismissal

Workplace Relations Commission: ADJ-00008115 - An Employee v An Installation Company Summary of Claimant’s Case The Claimant was employed as an Accounts Administrator for the Respondent for two years before alleging that her job became so unbearable that she had no...

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News 4th July 2018

Man dismissed for sexual harassment awarded €6,500 after dismissal process was held to be ‘flawed’

Workplace Relations Commission: ADJ-00009398 - Store Manager v Restaurant Chain The restaurant chain summarily sacked a store manager for gross misconduct after concluding that he engaged in sexual harassment. The General Manager of the Respondent received a complaint from an employee...

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News 4th July 2018

WRC award €10,000 to woman unfairly dismissed through redundancy after 6 weeks of employment

In the recent decision of the WRC, the complainant was awarded €10,000 after being made redundant by her employer after 6 weeks of employment. The complainant commenced employment with the respondent company on 3rd July 2017. She informed her employer...

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News 4th July 2018

Labour Court puts High Burden of Proof on Employer re Communication of Breached Policy

Labour Court: UDD1830 - Aurico Co-operative Society Limited v Jonathon Bowens The Employee was dismissed on the grounds of gross misconduct, which was the failure to follow the Respondent’s policy in relation to “card not present transactions”. At the time...

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Developments 1st June 2018

Significant changes made to ‘zero hours’ Bill in preparation of its enactment.

Last week a number of significant amendments to the Employment (Miscellaneous) Bill were agreed to. These amendments appear to be big wins for the union side, whom have played a substantial role in getting the statutory foundation for banning zero...

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News 1st June 2018

WRC expresses disdain in case where Employer dismissed the employee under the ‘cloak of redundancy’

The decision of Adjudicator Pat Brady in the WRC in the case of A Horticulturist v A Garden Centre clearly expressed contempt for employers seeking to disguise dismissal under the ‘cloak of redundancy’. In this case, the Complainant received a...

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News 1st June 2018

Labour Court sets aside decision of the WRC as it is time barred.

The Labour Court set aside the decision of the WRC in the recent case of Iarnród Éireann v Stephen Lynch. The Respondent appealed the decision of the Adjudication Officer, which directed that the Claimant be re-engaged by the Respondent within...

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