With new legislation due to come into effect on December 1st, that will regulate how employers must distribute tips to their employees, employers in the hospitality sector need to ensure that they are compliant or face large fines.
Two WRC Decisions published this month make useful reading on the necessity for employees to have exhausted internal grievance procedures before resigning, in order to succeed with a constructive dismissal claim.
There is also a useful summary of relevant case law in the first decision reviewed.
Gross misconduct dismissals have a much higher standard to meet than a standard dismissal to demonstrate that the employment relationship cannot continue with immediate effect and that notice does not need to be paid.
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