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Right To Work Remotely

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).

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.

Mandatory Retirement Ages

The recent High Court decision in Quigley v HSE [2017] IEHC 654 is a pertinent reminder for employers that they may face potential legal issues if they try and enforce a retirement age when there is no clear written or implied contractual right to do so, or in the event that there is that such a retirement age cannot be objectively justified.

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

As per recent WRC decision (Ref ADJ- 00000091) a successful constructive claim requires the claimant to prove that it was reasonable in light of their employer's unreasonable behaviour to breach their contract of employment and constructively dismiss themselves.

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