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30 Nov

Posted at 16:51h in fair procedures, unfair dismissal, workplace investigations
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In this recently published decision, yet again an employer fell short on how it implemented a dismissal of an employee who, had less than 5 months service, resulting in an award of €6,000 being recommended despite breaching a clause that prevented her working in any manner outside of her employment that could be prejudicial to her employer. (Ref ADJ-00028843)....

27 Sep

Posted at 12:06h in unfair dismissal, workplace investigations
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The recently published Labour Court determination against Costa Coffee in respect of a sexual harassment case taken by a former employee should provide a stern reminder for employers in respect of their responsibilities to not only have in place appropriate anti-harassment and bullying polices, but to ensure that they are communicated properly and understood and that managers are fully trained in their responsibilities with regard to the prevention of sexual harassment in the workplace....

13 Aug

Posted at 12:01h in workplace investigations
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The standard time limit for submission of complaints to the WRC is generally six months from the date of the contravention that the complaint relates to as per Section 41(6) of the Workplace Relations Act 2015, and as per Section 41 (8), this may only be extended for a further six month period, if reasonable cause is presented for the delay....

06 May

Posted at 11:51h in dismissal, employment law
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With Google recently announcing plans for a fast tracked and earlier return to the office for its employees in the US, having previously being one of the first large tech Companies to go remote last year, many other employers are also now advanced with their planning on how they are going to manage this transition back to the office, and particularly how they will deal with employees who do not want to return. A WRC decision earlier this year may be of interest (Ref ADJ-00028293)....

29 Mar

Posted at 12:20h in discrimination
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The well publicised case last year in which three care workers in a nursing home were awarded a total of €150,000 for sexual harassment that was perpetrated by a resident, provides some useful reminders for employers on how sexual harassment complaints need to be managed in the workplace (ADJ- 00015039)...

28 Feb

Posted at 14:51h in disciplinary process, employment law
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The recently published updated and unified Code of Practice on the Prevention & Resolution of Bullying at work places a helpful stronger emphasis on informal resolution of bullying issues that arise, as well as providing further clarifications on what behaviours do not constitute bullying....