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Employee v Contractor ?

In a recent Adjudication Officer's Decision (ADJ 00005826) the preliminary issue of whether the Complainant was an employee or not was considered in order to determine if his complaints under the Organisation of Working Time Act 1997, Unfair Dismissals Act 1977 and Protection of Employees (Fixed Term Work) Act 2003 could be heard.

Termination of Employee on Sick Leave

A harvester who was dismissed by a letter dated January 14th 2016 which she claimed not to have received, following an absence review meeting on December 18th 2015 was found not to have been unfairly dismissed (Ref ADJ - 00003563).

Employment Policies and Procedures

All organisations should have a clear set of policies and procedures that govern not just relevant employment and HR areas but all aspects of their operations. The benefits of policies and procedures reach far beyond being legally compliant and can contribute hugely to the overall effectiveness of an organisation provided they are consistently applied.

Dismissal Unfair Despite CCTV Confirming Theft

A recent case published by the WRC confirmed the high standards required to ensure that the principles of natural justice are fully adhered to during workplace investigations (Ref ADJ - 00004127)

Dismissal On Grounds of Incapacity

A recent Labour Court decision published on the 7th April 2017 overturned the decision of an Adjudication Officer who had awarded 19k to a retail assistant in Dunnes Stores after determining that she had been unfairly dismissed after being absent from work for three years (Ref UDD1714).

What steps should employers take to ensure that they can defend a sexual harassment claim?

In a recent determination published by the Labour Court (EDA175) the necessity for all employers regardless of size to have in place a written policy on harassment in the workplace was once again stressed.

Incapacity Dismissal

The Labour Court appeal case of Noonan Services Group & Elvira Kravcova (Ref UD D1637) highlights yet again the need for employers to fully review relevant occupational and medical evidence that is available in respect of whether employees are fit to carry out their duties and to consult fully with employees prior to making a decision to dismiss.

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

In a recent WRC decision (ADJ - 00002854) an Adjudication Officer held that an employee had been constructively dismissed despite the fact that she had not exhausted the use of internal grievance procedures which is normally a requirement for a successful constructive dismissal claim. An award of €15,528 was made.

When Love Gets In The Way of Business !

It is not that unusual that the workplace is an obvious place where people find love given the amount of time that people spend at work as well as the wide range of work related social events that employers organise for their employees. However, it may be difficult for employees involved in workplace liaisons to maintain appropriate lines between their private and work lives and workplace romances can sometimes be distracting, cause interpersonal conflicts and also potentially lead to claims of favoritism, discrimination and/or sexual harassment. So what can employers do about this ?

HR Solutions

Keshcarrigan
Co. Leitrim

+353 (0)71 964 2748
+353 (0)86 833 7228
info@hrsolutions.ie

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