Insights 1st December 2017

Employer’s Failure to be pro-active leads to Labour Court Award of €25,350

Facts This case was an appeal against the decision of an Adjudication Officer who held the claim made by Pauline O’Connell against her former employer, Homecare Medical Supplies, for constructive dismissal was not well founded. Pauline was initially employed by...

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News 1st November 2017

Employers, What if there is a Harvey Weinstein in your company?

Whether you are an employer or an employee, male or female, sexual harassment should not be acceptable in your workplace. The Harvey Weinstein case should put employers on alert of this risk and re-assess how it addresses sexual harassment in...

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Developments 1st November 2017

WRC awards €16,640 for victimisation rather than discriminatory dismissal

On 6th October 2017, the Workplace Relations Commission (“WRC”) issued a decision (ADJ- 00005899 – An Employee v. A Transport Company) that although there was no discriminatory dismissal on the ground of disability, the dismissal was victimisation under the Employment...

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Insights 1st November 2017

First Sectoral Employment Order – Construction Sector

The Sectoral Order (Construction Sector) 2017 (the “Order”) came into effect on 19th October 2017. It is important to have a look at the details of the Order if your business comes within the broadly defined “Building Firms” or “Civil...

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News 1st November 2017

Issues re-proposed legislation banning mandatory retirement

Introduction The issue of mandatory retirement age remains an extremely topical legal and political issue. There has been a significant number of age discrimination cases before the courts which has resulted in extreme caution being exercised by employers when setting...

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Insights 1st November 2017

Zero-hour contracts are not as prevalent in Ireland

Introduction In May of this year, the Cabinet approved draft legislative proposals aimed at tackling casualisation, precarious work and low-hour contracts. The legislation is aimed at increasing the protection afforded to low-paid, vulnerable workers following a consultation process with the...

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News 1st November 2017

Employee found guilty of assault and harassment awarded €15,000 by EAT

The recent decision of the Employment Appeals Tribunal to award an employee found guilty of assaulting and harassing a fellow employee €15,000 would indicate that Employers are damned if they do and damned if they don’t. In the present case...

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Developments 1st November 2017

The limitations of an Employer’s duty of care to its employees was recently

The limitations of an Employer’s duty of care to its employees was recently confirmed by the High Court decision of Mr Justice Bernard J. in Fagan v. Dunnes Stores [2017] IEHC 430. Refrence Facts Mr Fagan, who had been employed...

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Insights 1st November 2017

WRC determine that termination at age 66 is discriminatory

The WRC upheld a bookkeepers claim of discriminatory termination when her employer terminated her contract on reaching the age of 66. The claimant submitted that mandatory retirement on the basis of age was prima facia discrimination save where it could...

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Developments 15th June 2017

New entitlement to legal representation in bullying investigations?

Employers should take note of the recent decision of Justice Eagar in Lyons v. Longford Westmeath Education and Training Board [2017] IEHC 272 regarding bullying investigations which could have a drastic impact on how employers conduct their internal procedures. It...

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