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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News 3rd May 2018

Labour Court awards €27,500 where no role for employee who returns from maternity leave without prior notice

The Labour Court overturns the WRC decision and held that a GP discriminated against an employee arising from her pregnancy and awarded the employee €27,500. There was no job available for the employee when she returned to work and therefore...

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News 3rd May 2018

UCD ordered to promote lecturer with benefits from February 2015 and pay €30,000 compensation for age discrimination

Three years after lodging her claim under the Employment Equality Acts, the WRC finally issued a decision that UCD discriminated Dr Anne Leary on the ground of age by its failure to promote her. UCD was ordered to promote Dr...

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News 3rd May 2018

WRC award €7,000 in discrimination case

In the recent decision of Eugene Hanly of the WRC in the case of Warehouse Operative v Distribution Company, ADJ-00008313, the Complainant was awarded €7,000 for discrimination. Three separate incidents took place under which the Complainant made a complaint of...

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News 3rd May 2018

Labour Court increase award of WRC by €5,000 to Employee dismissed for her absence from work due to pregnancy and miscarriage.

In the recent decision of Western Brand Group Limited v Aneta Petrova, ADJ-00003836, the Labour Court increased the compensation award from €12,000 to €17,000. The Court determined that the operative reason for the dismissal of the Claimant was her absence...

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News 3rd May 2018

Complainant awarded €5,000 due to unfair procedures despite substantially contributing to her own dismissal

The Complainant was dismissed from her post as a Maternity Care Assistant on 21st February 2017 following an incident in which she failed to follow proper procedures. The Complainant submitted that she had admitted her actions and apologised. She stated...

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Insights 2nd May 2018

Are you prepared to be liable for your employee’s campaigning?

Employers need to be careful about campaigning that may occur by its employees leading up to the Constitutional referendum. Some employers may wish to allow its employees to exercise their Freedom of Expression while other employers may not even realise...

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