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- News

News 3rd December 2018

Right to Legal Representation in a Disciplinary Inquiry – where do we stand?

The recent decision of the Court of Appeal in Iarnród Éireann/ Irish Rail v. Barry McKelvey, [2018] IECA 346 has brought much-needed clarity to the above question. Mr. McKelvey, an inspector with Iarnród Éireann was subject to a disciplinary process...

News 3rd December 2018

Lack of procedures costs Employer €21,000 for Unfair Dismissal

In the recent case of “A Store Manager v Wholesale and Retail Clothing Business” the Adjudicator awarded the Complainant €21,000 in compensation. The Complainant was employed as a store manager from January 2014 until her termination on 28th June 2017...

News 31st October 2018

Contradicting decisions from WRC regarding Procedure

In the first case, the WRC made an award of €13,156.00 compensation to a claimant who was ultimately dismissed for theft. The WRC found that that the procedural inadequacies were of sufficient significance to render the dismissal procedurally unfair. The...

News 25th October 2018

Firing and Re-Hiring of Employee Costs Employer €20,000

In the case of A Van Driver v A Florist, the Complainant worked as a delivery driver for the Respondent Florist. Given the perishable nature of the flowers, the Complainants role was very important and he was under immense pressure...

News 25th October 2018

Flawed Procedure Costs Employer €4,500

In the recent case of Adjudication Officer Joe Donnelly, the complainant was awarded €4,500 for unfair dismissal due despite significantly contributing to his own dismissal. Facts. The Respondent operates a scrap metal and recycling business. The Complainant was dismissed for...

News 25th October 2018

Fixed-Term Worker Awarded Redundancy Payment Plus Compensation

A plumber was engaged on a series of fixed-term contracts for the specific purpose of carrying our refurbishment of the hotels. It was at all times understood that this contract would be terminated when the re-fitting was completed. While the...

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...

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...

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...

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...

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...

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...