News 19th July 2023

Supreme Court Finds that HSE was Reasonable in Suspending Consultant

The Supreme Court has recently considered the legal position relating to workplace suspensions in the case of Ray O’Sullivan v The Health Service Executive [2023] IESC 11. This was an appeal by the Health Service Executive (“HSE”) against the order...

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News 18th July 2023

Update – Work Life Balance and Miscellaneous Provisions Act 2023

The Work Life Balance and Miscellaneous Provisions Act 2023 (the “Act”) was signed into law by the President on 4th April 2023. The key changes addressed by the Act were outlined in our previous article found here. However, in order...

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News 18th July 2023

Complainant Summarily Dismissed Due to Anticipated Breach of Non-Compete Clause Receives Unfair Dismissal Award

The Complainant in Andrew Revell v Life and Balance Centre ADJ-00039884 was summarily dismissed for gross misconduct for being in breach or anticipated breach of his non-compete clause.  Facts: The Complainant commenced employment with the Respondent as a Chiropractor in...

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News 18th July 2023

Employee Subjected to Penalisation for Raising Serious Breach of Health and Safety Awarded €20,000

The case of Patrick O’Connor v Wexford County Council ADJ-00040852 involved a complaint under Section 28 of Health and Safety at Work Act (the “Act”) by the Complainant that he was penalised by the Respondent for raising a health and safety complaint of...

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News 18th July 2023

WRC Orders Re-Engagement of Dismissed Employee

Robert Newton v Go-Ahead Transport Services (Dublin) Limited ADJ-00043139 concerned a complaint to the Workplace Relations Commission (“WRC”) under the Unfair Dismissals Acts 1977-2015. The Complainant argued that he was unfairly dismissed from the Respondent and that the Respondent failed...

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News 18th July 2023

Solicitor Awarded €30,000 for Dismissal from Firm while Pregnant

The Workplace Relations Commission (“WRC”) case of Orla Howe v Colm Kelly, Healy Crowley Ahearn ADJ-00038992 was a complaint seeking adjudication under section 77 of the Employment Equality Act, 1998 (“Act”) in respect of the Complainant’s dismissal while pregnant. In...

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News 16th June 2023

Employer Directed to Amend Parental Leave Policy and Remove Requirement for Approval

The Workplace Relations Commission (“WRC”) case of Elizabeth O’Reilly v Avista CLG was brought under Section 18 of the Parental Leave Act 1998 (“the Act”) in respect of the Complainant’s persistent issues with her employer in respect of her applications...

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News 16th June 2023

Director Held to be an Employee and Awarded Compensation under Unfair Dismissals Acts

Facts: The Complainant was one of two original directors of the Respondent, Tile & Wood Factory Outlet (Limerick) Limited, along with her husband when the company was set up on 21st April 2016 as a single-member company. The Complainant and...

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News 16th June 2023

Dismissal Within the Band of Reasonableness for Breaching Smoking Ban, but Deemed Unfair Due to Investigation

In the recent case of Darren Kiernan v Joseph Brennan Bakeries ADJ-00039331 the Complainant was dismissed for smoking in his personal van in the Respondent’s parking lot, rather than in the designated smoking shed. The Complainant referred a complaint to...

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News 16th June 2023

New Sectoral Employment Order (Construction Sector) 2023

The Department of Enterprise, Trade and Employment recently published the Sectoral Employment Order (Construction Sector) 2023 (“the Order”) which has been approved by the Oireachtas. This Order will come into operation on 18th September 2023 and amends the Sectoral Employment...

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