07 Oct Gross Misconduct
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....
30 Nov Fair Dismissal Procedures
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 Sexual Harassment At Work
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....
21 Jul Workplace Investigation Not Up To Standard
This recent WRC decision highlighted the importance of a robust investigation stage that is not predetermined, when a betting shop manager from a retail and online gaming operation, was awarded almost €11k after being unfairly dismissed due to a number of procedural flaws in both the investigation and disciplinary stages. (Ref ADJ-00026144)...
17 May Dismissal For Refusal To Wear a Face Mask
Whilst this is a decision of the UK Employment Tribunal, which upheld the summary dismissal of a lorry driver who refused to wear a face mask on a client site, it may provide some indication of how a similar case would be dealt with in the WRC. (Kubilius -v- Kent Food (Case Number: 3201960/2020)...
27 Jul Redundancy Selection Matrix
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 Constructive Dismissal
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 Forced Retirement Was Discrimination on Grounds of Age
Posted at 14:39h
in discrimination, dismissal, equality acts, Organisation of Working Time Act, unfair dismissal
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 Dismissal Was Not Due To Redundancy & Related to Complainant’s Pregnancy
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....
19 Dec €90k Awarded For Probationary Period Dismissal
This recommendation by the Labour Court (LCR21798) is a very useful reminder about the significant potential cost of not adhering to fair procedures when terminating employment during the probationary period....