News 3rd December 2024

Recent WRC Decision Highlights the Importance of Neuro-inclusion in the Workplace

In the case of Dylan O’Riordan v Omniplex Cork Limited (ADJ-00051601), the Complainant brought a successful case under the Employment Equality Acts 1998-2015 (“the Acts”) on the basis that he was discriminated against on the grounds of disability, specifically, that...

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News 3rd December 2024

WRC Finds Employee Constructively Dismissed After Being Offered An Exit Package Just Days After Commencing A PIP

In a recent decision from the Workplace Relations Commission (“WRC”) in Danica Gutierrez v Cafico Corporate Services Limited (ADJ-00050330), the WRC found that the Respondent had breached both the contract test and the reasonableness test and upheld the Complainant’s constructive...

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Insights 29th November 2024

The Twelve Bells of Wisdom for Employers at Christmas 2024

With the festive season approaching and Christmas parties in full swing, we look at some workplace issues commonly faced by employers at this time of year and suggest some practical tips for dealing with them successfully. 1. Prevention is Better...

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News 27th November 2024

Ensure non-disclosure agreements regarding discrimination, harassment and/or victimisation meet the new criteria

Section 5 of Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 has come into effect on 20th November 2024. This section adds a new section 14B into the Employment Equality Act which restricts employers entering into non-disclosure...

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News 27th November 2024

WRC Orders Re-Engagement of Driver Forced to Retire at 70 – Mandatory Retirement “Highly Likely” to Cause Him Financial Hardship

In Tom Ronan v An Garda Síochána (ADJ-00047174), the Complainant brought a complaint to the Workplace Relations Commission (the “WRC”) under the Employment Equality Acts, claiming that he was discriminated against when he was forced to retire at 70. The...

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News 7th November 2024

Employee Awarded €60,000 for Discriminatory Dismissal and Failure to Provide Reasonable Accommodation

In the case of Marie O’Reilly v Chadwicks Group (ADJ-00044696), the Complainant brought a successful case under the Employment Equality Acts 1998-2015 (“the Acts”) on the basis that she was discriminatorily dismissed on the ground of disability and the Respondent...

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News 7th November 2024

WRC Upholds Claim for Six Years of Unpaid Annual Leave Despite the Majority Falling Outside the Six-Month Time Limit

In a recent Workplace Relations Commission (“WRC”) decision in Ryszard Kulbaka v Drumloman Pork Ltd (ADJ-00051058), the Complainant made several complaints under section 27 of the Organisation of Working Time Act 1997 in relation to a shortfall of annual leave...

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News 7th November 2024

WRC Upholds Settlement Agreement Signed Without Legal Advice

In a recent decision of the Workplace Relations Commission (“WRC”) in Brendan Flanagan v Ulster Bank Ireland DAC (ADJ-00052192), the Complainant claimed that his redundancy was not genuine and was based on him having made a protected disclosure. The Respondent...

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News 7th November 2024

Employee Dismissed Due to Expired IRP Card Awarded €25,000

In Polaine Fernandes Lima v Elland Distributors Born Clothing ADJ-00049872, the Complainant brought a complaint to the Workplace Relations Commission (“the WRC”) under section 8 of the Unfair Dismissals Act, 1977. The Adjudicator, Niamh O’Carroll, found that the Complainant was...

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News 7th November 2024

WRC Finds that Company Sick Pay Scheme less favourable overall than the Statutory Sick Pay Scheme

In a decision from the Workplace Relations Commission (“WRC”) in Ann Britton v Amcor Flexibles Ltd (ADJ-00050138), the Complainant sought sick pay under the statutory sick pay scheme (“SSP scheme”) for five days certified absence. The Respondent contended that she...

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