News 2nd September 2019

WRC Awards losses into the future for unfair dismissal claim for non-renewal of fixed term worker due to pregnancy

FACTS: The Complainant was employed by a crèche as a childcare worker to work part time hours on a fixed term contract for 38 weeks which commenced on 4th September 2017 to 29th June 2018. The contract clearly stated the...

Read more

News 2nd September 2019

Retaining the identity of the old business constitutes a ‘transfer’ within the meaning of regulations.

Facts: The Complainant was employed by Playside Limited in 2015, which held the license to sell alcohol, run a restaurant and host functions, as a chef/kitchen worker. Playside Limited leased a bar restaurant premises in Donegal which was taken back...

Read more

News 2nd September 2019

Unfair Dismissal claim failed for Employee that went on leave despite having sick cert

In the case of A General Operative v A Bakery the Claimant’s claim of Unfair Dismissal was dismissed by the Adjudicator. The Complainant was employed by the Respondent from 16th January 2008 until his dismissal. Facts The Respondent submitted that...

Read more

News 16th August 2019

Labour Court Finds Employee to have contributed to his own dismissal & reduces award by 75%

FACTS: The Complainant who had been employed by the respondent for over 32 years was dismissed on 4th February 2016 on account of gross misconduct.  At the time of his contract being terminated the Complainant occupied a significant role within...

Read more

News 4th August 2019

Part-time Employee awarded €3,500 in sexual harassment case due to damning text messages

Facts: The Complainant, who was in her final year of secondary school, took up employment with the Respondent as a kitchen porter in a restaurant. No documentation was drawn up and the Complainant was paid cash in hand. The Complainant...

Read more

News 4th August 2019

Employee’s position held to be redundant after Employer changes his place of work

Facts: The complainant worked with the respondent in Bandon for 10 years. He was certified as unfit to work for a period of 1 year.  During this sick leave, the respondent moved the Complainant’s job position to Cork city. On...

Read more

News 4th August 2019

Burden of proof on Employees in discrimination case

Fact: The Complainant worked in the shop of the respondent on a fixed-term contract. The Complainants contract was renewed twice, however on the third occasion the Respondent decided not to renew the contract. The Complainant claimed that the respondent decided...

Read more

News 4th August 2019

Employer ordered to pay Employee on sick leave for endangering the employee’s physical or mental wellbeing despite instructions forming part of his terms of employment.

Facts: The Complainant worked as a carer for the Respondent, who was a disability services provider. An issue arose in which he did not feel comfortable attending to the intimate care of female service users. Whilst it used to be...

Read more

News 4th August 2019

No written contract costs Employer €4,000 in Constructive Dismissal case

Facts: This case concerns a co-appeal in relation to an unfair dismissal claim. The Complainant worked for the Respondent but there was no written contract between the parties. Both parties gave contrasting evidence as to the contents of the agreement...

Read more

News 2nd August 2019

Court of Appeal puts nail in the coffin for injunction applications where dismissal is by way of redundancy

The Court held that the Claimant was constructively dismissed and awarded him €15,000.  The Labour Court did not have sufficient information from the Claimant to confirm his financial losses and on that basis was cautious about the amount of the...

Read more