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Harassment In The Workplace

This article gives a brief overview of the current legal position in respect of harassment in the workplace and the basis on which harassment can amount to discriminatory treatment under the Equality Acts.

Compromise Agreements

The existence of a signed waiver as a full and final settlement of all claims arising from the employment relationship will not necessarily guarantee that a former employee cannot successfully bring proceedings against an employer.

Fair Dismissal Of Postman Despite Flawed Appeals Process.

The Eat determined in a recently published decision (UD 507/2014) that a postman had been fairly dismissed for allowing others to deliver his mail despite an appalling appeals process with a delay of over 2 and a half years in dealing with the appeal.

Attendance at Work During Adverse Weather Conditions

With snow and freezing conditions forecast for next few days many employees will have difficulty in traveling to work which impacts on businesses being able to operate. A common sense approach in a documented policy is required by employers to ensure that the safety of employees is balanced against business needs.

Minimum Wage Rates

Since January 1st 2016 the new national minimum wage for an experienced adult employee has been increased.

Discrimination By Association

In a recently published decision by the Equality Tribunal (Dec- E 2015 - 121), a resource teacher was found to have been harassed on grounds of religion and also was discriminated against on grounds of association due to her son's sexual orientation.

Successful Constructive Dismissal Claim

Eat determines that it was reasonable for claimant to terminate her employment as the circumstances in which she was expected to work left her with no alternative but to leave and awards €10,346.00 under the Unfair Dismissals Acts 1977 - 2007.

Security Guard Re-instated

The EAT determined that a security guard with an excellent employment record who had been dismissed for one inappropriate incident had been dismissed unfairly and should be re-instated and the sanction of dismissal was disproportionate.

Probationary Period Dismissal

In a recent case taken under Section 20(1) of the Industrial Relations Act 1969 an employee who was dismissed during his probationary period was recommended compensation in the amount of €6,500. (Ref LCR21028)

Employee Awarded Compensation Due to Delayed Grievance Procedure

In a recent case taken under Section 20 (1) of the Industrial Relation Act 1969 (Ref LCR21019), a worker was awarded €2,000 because an internal grievance he had raised had not been resolved within a 14 month period.

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