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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).

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.

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.

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)

Redundant Employee Deemed To have Continous Service After Being Re-Employed Within Days

In a recent unfair dismissal case UD 877/2013, the preliminary issue of whether the claimant had the required one year's continuous service to make a claim was considered in light of a suggested break in service after being made redundant and then re-employed.

NCT Tester Fairly Dismissed For Testing His Own Car

In Case No UD69/2014 a NCT vehicle inspector was found to have been fairly dismissed as he had breached the Company Code of Conduct three times, which did not allow employees to test any vehicle owned or previously owned by them.

€75,000 award for heavy handed dismissal

In a recent case published (UD 520/2013 & UD 521/2013)two employees who were dismissed from a printing company for gross misconduct for not clocking out during a break were awarded €75,000 and €33,000 respectively as well as additional notice payments for unfair dismissal.

HR Solutions

Keshcarrigan
Co. Leitrim

+353 (0)71 964 2748
+353 (0)86 833 7228
info@hrsolutions.ie

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