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Waiver Agreements

In a recently published case (ADJ - 00000575), an Adjudication Officer found as a preliminary issue that he had no jurisdiction to hear a complaint of unfair dismissal as the claimant had not been pressured into signing a waiver and had been afforded the opportunity to seek legal advice which he had declined.

Golf Ranger awarded €4000 for unfair dismissal on his 4th day of work.

A newly recruited golf ranger was dismissed on his second weekend of work without any notice after commencing a six month fixed term contract on 18th April 2015. As he did not have the required 12 months service to take a claim under the Unfair Dismissal legislation the complaint was brought under the Industrial Relations Act 1969 (Ref ADJ - 0000066).

€7k awarded to dismissed pregnant fast food worker

In case (DEC - E2016 - 058) a fast food worker who was dismissed after completing two months of her probationary period was found to have been discriminated against on grounds of gender due to being dismissed after informing her employer she was pregnant. Claims of harassment and sexual harassment were not upheld.

Constructive Dismissal

As per recent WRC decision (Ref ADJ- 00000091) a successful constructive claim requires the claimant to prove that it was reasonable in light of their employer's unreasonable behaviour to breach their contract of employment and constructively dismiss themselves.

Dismissal Of Postman who was convicted of being in possession of drugs held to be a fair dismissal.

In case number UD1153/2014 the interesting question of whether the conduct of an employee outside of the workplace was considered as to whether it was fair to dismiss an employee for activity that was not connected with his normal workplace duties.

Employee who took unauthorised annual leave was not unfairly dismissed.

In Case No UD463/2014 the EAT overturned a Rights Commissioners decision and held that an employee of a meat processing plant was not unfairly dismissed after he took leave which had not been authorised.

Hotel Bar Man awarded €20k for dismissal after disclosing he was gay.

The barman who was working to fund his college studies was dismissed after two weeks service during which he was unaware that there were any problems with his work and concluded that everything had changed very quickly after he told the bar manager that he was gay. (Ref Dec- E2015-141)

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.

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.

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