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Trouble At The Christmas Party !

With the Christmas party season getting well underway this weekend, I will be highlighting the importance of employers dealing properly with issues that may arise during workplace social events and the potential costly consequences of not doing so.

Flawed Investigation LeadsTo Award of €15,000 to Dismissed Cashier.

In Determination UDD 1739 the Labour Court upheld an appeal by a till operator who had been dismissed by Woodies, as the Investigation conducted by the Company did not reasonably conclude on the balance of probabilities that the dismissed employee had taken a missing €50 note.

Maximum 2 Years Compensation Awarded for Unfair Dismissal

A recent Labour Court Determination DHL Express (Ireland) Ltd v. Michael Coughlan (Ref No. UDD1738) gave some useful guidance on the use of spent disciplinary sanctions in determining subsequent disciplinary sanctions. The maximum compensation of 2 years salary for unfair dismissal was awarded.

Termination of Employee on Sick Leave

A harvester who was dismissed by a letter dated January 14th 2016 which she claimed not to have received, following an absence review meeting on December 18th 2015 was found not to have been unfairly dismissed (Ref ADJ - 00003563).

Dismissal Unfair Despite CCTV Confirming Theft

A recent case published by the WRC confirmed the high standards required to ensure that the principles of natural justice are fully adhered to during workplace investigations (Ref ADJ - 00004127)

Dismissal On Grounds of Incapacity

A recent Labour Court decision published on the 7th April 2017 overturned the decision of an Adjudication Officer who had awarded 19k to a retail assistant in Dunnes Stores after determining that she had been unfairly dismissed after being absent from work for three years (Ref UDD1714).

Incapacity Dismissal

The Labour Court appeal case of Noonan Services Group & Elvira Kravcova (Ref UD D1637) highlights yet again the need for employers to fully review relevant occupational and medical evidence that is available in respect of whether employees are fit to carry out their duties and to consult fully with employees prior to making a decision to dismiss.

Constructive Dismissal

I am taking a look at another constructive dismissal claim this week which was unsuccessful to contrast with my last article on a successful constructive dismissal claim. This time an Adjudication Officer in Case number ADJ - 00002652 found the claimant was not justified in terminating her own employment and her complaint under Section 8 of the Unfair Dismissal Acts failed. The case demonstrates that employers who manage absences sensitively and in line with an appropriate and reasonable level of communication will not find themselves being on the wrong end of a constructive dismissal claim.

Constructive Dismissal

In a recent WRC decision (ADJ - 00002854) an Adjudication Officer held that an employee had been constructively dismissed despite the fact that she had not exhausted the use of internal grievance procedures which is normally a requirement for a successful constructive dismissal claim. An award of €15,528 was made.

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.

HR Solutions

Keshcarrigan
Co. Leitrim

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

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