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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....

27 Jul

Posted at 12:16h in dismissal, fair procedures, unfair dismissal
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With redundancy activity unfortunately an inevitable consequence of COVID 19, as a number of businesses are unable to re-open or are now operating with fewer employees, it is critical that the redundancy process is managed in line with legislation and best HR practice to ensure that additional costs do not arise for employers for unfair dismissal claims due to unfair selection for redundancy....

17 Mar

Posted at 14:36h in unfair dismissal
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Some useful lessons from this recent case in which a Solicitor was awarded €13,300 after her grievances were not dealt with properly by her new employer and she successfully claimed constructive dismissal....

29 Mar

Posted at 14:39h in discrimination, dismissal, equality acts, Organisation of Working Time Act, unfair dismissal
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Another recent case dealing with the issue of the forced retirement of a legal secretary who had 40 years service, once again highlights the difficulties that employers face in implementing retirements, when they have not established a fixed retirement age, on objective grounds, either contractually or through custom and practice (Ref ADJ - 00016645)....

22 Jan

Posted at 14:49h in discrimination, dismissal, equality acts, unfair dismissal
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A recent decision of an Adjudication Officer under the Employment Equality Acts 1998 - 2015 found that the Complainant had made a prima facie case of discrimination on grounds of gender, and had been dismissed due to her pregnancy and not due to reasons of redundancy as purported by the Respondent Company.The Complainant was awarded €14k compensation....

27 Nov

Posted at 14:54h in disciplinary process, dismissal, unfair dismissal, workplace investigations
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The determination published earlier this year in the SSP Ireland v Albert Fordjour provides some useful lessons for employers on the necessity of adopting fair procedures at all stages of the investigation and disciplinary processes and in particular around the interviewing of proposed witnesses (Ref UDD 1758)....